Cheyenne · Wyoming
Most aggravated assault cases begin with a few seconds nobody planned: a fight in a parking lot, a gun shown during an argument, a shove that ended badly. The felony that follows can carry up to ten years in prison.
The difference between aggravated assault and a misdemeanor is often a single word in the charging document: “serious” bodily injury, a “deadly” weapon, a weapon “drawn.” Those words are where the defense begins.
What the State has to prove
Under Wyo. Stat. § 6-2-502(a), the State generally must prove that you:
- caused serious bodily injury intentionally or knowingly, or recklessly under circumstances showing extreme indifference to human life;
- attempted to cause bodily injury with a deadly weapon;
- threatened to use a drawn deadly weapon on another person; or
- intentionally or knowingly caused bodily injury to a woman whom you knew was pregnant.
Each word is an element, and each can be contested. “Serious bodily injury” has a legal definition that many injuries do not meet. A “deadly weapon” depends on how an object was used, not just what it was.
Self-defense
Wyoming law recognizes the right to defend yourself and others. Since 2018, a person who is lawfully where they are, and is not the initial aggressor, has no duty to retreat before using reasonable defensive force, so long as they were not the initial aggressor and were not engaged in illegal activity (Wyo. Stat. § 6-2-602(e)).
Self-defense cases are won on the timeline: who moved first, what was said, what each person could see, and what the video shows. Surveillance and phone video are often overwritten within days, so preserving them is the first job.
What is at stake
Beyond prison: permanent loss of firearm rights, and a conviction that may be excluded from felony expungement as a violent felony. Charging decisions in these cases are often negotiable early, before an information is filed in district court, and a reduction to a misdemeanor can change the rest of your life.
Both chairs
Francis H. McVay has sat on both sides of the courtroom. As a Deputy County and Prosecuting Attorney in Park County, he charged misdemeanors and felonies and handled juvenile and Title 25 matters. As Senior Assistant Appellate Counsel with the Wyoming State Public Defender, he briefed and argued Walker v. State, 2022 WY 158, in which the Wyoming Supreme Court reversed two convictions under plain-error review and ordered a new trial on them. He is a graduate of the Gerry Spence Trial Lawyers College. He knows how the State builds a case, and he knows how the record reads when a higher court looks at it.
Mr. McVay briefed and argued Walker v. State as Senior Assistant Appellate Counsel for the Wyoming State Public Defender. The matter was not handled by Deep Waters Law, L.L.C. Prior results do not guarantee a similar outcome in any other matter.
Frequently asked questions
I was defending myself. Why was I charged?
Officers often arrest first and leave self-defense for the court to sort out. Raising it well, with evidence, is the defense’s job.
Can an aggravated assault charge be reduced?
Often, especially when the injury or the weapon element is weak. Those negotiations are most productive before the case is bound over to district court.
Will I lose my guns?
A felony conviction ends your right to possess firearms under both Wyoming and federal law. Avoiding a felony conviction is often the central goal.
Talk to a lawyer today
Do not explain your side to the police without counsel. Call before you give a statement.
Call (307) 333-7539. Answered 24/7, including weekends. Or request a free consultation.
Related
The law is not settled until it is just.
This page describes Wyoming law in general terms as of September 2026 and is not legal advice. Every matter turns on its own facts. Contacting Deep Waters Law does not create an attorney-client relationship.