Jeremy Hugus

October 5, 2022 by Jeremy Hugus

What is Domestic Violence?

Domestic violence is a pattern of behavior in any intimate relationship that is used to gain or maintain power and control over the other person. It can include physical, sexual, emotional, economic, and psychological abuse.

Physical abuse is when you hurt someone physically. For example, you may hit them, kick them, or pull their hair. Sexual abuse is when you force someone to do something sexual that they don’t want to do. Emotional abuse is when you say mean things to someone or emotionally demean them. Economic abuse is when you try to control how someone spends their money.

Is Domestic Violence a Felony in Wyoming?

In Wyoming, domestic violence is a felony if it results in serious bodily injury. Serious bodily injury means that the person has a substantial risk of death, or the injuries caused are so severe that they are likely to result in permanent disfigurement, protracted impairment of health, or death.

If you’re convicted of domestic violence as a felony, you could face up to five years in prison and a $5,000 fine. First-time offenders may be eligible for a deferred sentence, which means that you would not have to serve time in prison as long as you complete a treatment program and comply with other conditions.

However, many defenses may be available to you. It’s important to have an experienced criminal defense attorney on your side who can help you fight these charges.

What Penalties Can I Receive for a Conviction?

If you’re convicted of domestic violence as a misdemeanor, you could face up to one year in jail and a $1,000 fine based on what kind of assault you are charged with. First-time offenders may be offered a deferred sentence, which means that they will not have to go to jail as long as they complete a rehabilitation program and follow other obligations. If you have multiple convictions for domestic violence, you could face up to six years in prison and a $6,000 fine.

It’s important to remember that the penalties for domestic violence convictions can vary depending on the facts of your case. That is why having the assistance of an experienced criminal defense attorney who can assist you in understanding and fighting for the greatest possible outcome in your case is so crucial.

Should I Hire a Domestic Violence Attorney?

Being charged with domestic violence can be a scary and confusing experience. You may be wondering if you need to hire a domestic violence attorney. The answer to that question depends on a variety of factors, such as the severity of the charges against you, your relationship with the accuser, and whether you have prior convictions for domestic violence.

If you are facing domestic violence charges, it is important to consult with an experienced attorney who can advise you of your rights and help you build a defense. If you have been convicted of domestic violence in the past, it is especially important to seek legal counsel. A skilled domestic violence attorney can work to get your conviction expunged or reduced. Call our criminal defense law firm today at 307-333-7884 for a free consultation.

October 3, 2022 by Jeremy Hugus

What is Sexual Battery?

Sexual battery is a sexual offense that involves non-consensual touching of the intimate parts of another person for the purpose of sexual gratification, sexual arousal, or sexual abuse. In Wyoming, it is punishable by a maximum of 1 year in prison, and/or a maximum fine of $1,000.

What is Sexual Assault?

Sexual assault is a sexual offense that involves non-consensual contact with the genitals, anus, or mouth of another person. It can also include non-consensual penetration with any object. In Wyoming, it can go up to a fourth-degree crime, and it is punishable by up to 10 years in prison, and/or a maximum fine of $10,000.

What is Rape?

Rape is a sexual offense that involves non-consensual intercourse with another person. In Wyoming, it is punishable by up to 50 years in prison, depending on if it is considered statutory or not.

While sexual battery, sexual assault, and rape all involve unwanted contact with someone else’s intimate parts, there are some key differences between these crimes. Rape is the most serious of these offenses and is defined as non-consensual sexual intercourse.

How Can a Sex Crimes Lawyer Help?

There are three primary ways in which a sex crimes lawyer can help those who have been accused of rape, sexual assault, or sexual battery. First, a lawyer can work to prove that the accuser is lying. Second, a lawyer can work to prove that the defendant did not have the required mental state for the crime. Third, a lawyer can work to prove that the defendant’s actions were not forcible or against the will of the victim.

One of the most common defenses against rape, sexual assault, and sexual battery charges is that the accuser is lying. In many cases, there is no physical evidence of the crime, so the case comes down to one person’s word against another. A skilled sex crimes lawyer will know how to cross-examine the accuser and look for inconsistencies in their story.

Another common defense is that the defendant did not have the required mental state for the crime. For example, if the defendant can show that they reasonably believed that the other person consented to sexual activity, then they may be able to avoid a conviction.

Finally, a sex crimes lawyer can also work to prove that the defendant’s actions were not forcible or against the victim’s will. In some cases, the alleged victim may have consented to sexual activity but later claimed that they were raped or sexually assaulted. A lawyer can help to show that the victim’s consent was genuine and that the defendant did not use force or coercion.

If you have been accused of rape, sexual assault, or sexual battery, it is important to speak to a skilled sex crimes lawyer as soon as possible. An experienced lawyer can help you understand the charges against you and develop a strong defense. Call our criminal defense law firm today at 307-333-7884 for a free consultation.

September 30, 2022 by Jeremy Hugus

What is Assault?

An assault is an unlawful attempt to inflict bodily harm on someone. It is a crime in all 50 states. A person can be convicted of assault even if they don’t injure the other person. There are different types of assault, depending on the circumstances.

Simple assault is the most common type. It’s defined as an intentional act that causes someone to fear for their safety. For example, if you threaten someone with violence or touch them in a way that makes them afraid, you may be charged with simple assault.

Assault with a deadly weapon is more serious than simple assault. It’s defined as using a weapon or anything else that can be used to inflict harm to commit assault. For example, if you threaten someone with a knife or a gun, you may be charged with assault with a deadly weapon.

Aggravated assault is the most serious type of assault. It’s defined as an assault that causes serious bodily injury to another person. For example, if you attack someone with the intent to kill them, you may be charged with aggravated assault.

What is Battery?

Battery is the act of intentionally harming someone else. It’s a crime in all 50 states. There are different types of battery, depending on the circumstances.

Simple battery is the most common type. It’s defined as physically touching someone in a harmful or offensive way without their consent. For example, if you hit someone or push them, you may be charged with simple battery.

Battery with a deadly weapon is more serious than simple battery. It’s defined as using a weapon or anything else that can be used to inflict harm to commit battery. For example, if you hit someone with a knife or a gun, you may be charged with battery with a deadly weapon.

Aggravated battery is the most serious type of battery and is often classified as a felony. It’s defined as battery that causes serious bodily injury to another person. For example, if you stab someone or shoot them, you may be charged with aggravated battery.

Is Assault and Battery a Felony in Wyoming?

Generally speaking, assault and battery are misdemeanors in Wyoming. However, there are a few exceptions. Assault with a deadly weapon and aggravated assault are both felony offenses in Wyoming. Battery with a deadly weapon is also a felony offense, as is aggravated battery. If you are convicted of any of these offenses, you could face significant prison time and other penalties.

Can a Criminal Defense Attorney Defend My Case?

Battery or assault is a felony offense that might result in more serious charges. If you’re being charged with assault or battery, you should contact an experienced criminal defense attorney right away. They may be able to assist you by reviewing the facts of your case and developing a strong defense for you. They may be able to get the charges against you reduced or dismissed entirely.

If you have been arrested for assault or battery, don’t wait to contact a criminal defense attorney. Time is of the essence in these types of cases, so don’t delay. Call our criminal defense law firm today at 307-333-7884 for a free consultation.

September 10, 2022 by Jeremy Hugus

What Is Pleading The Fifth?

Pleading the fifth is a term often used in the United States to refer to the right to remain silent when questioned in a criminal trial. The Fifth Amendment to the United States Constitution protects citizens from self-incrimination. This means that you cannot be forced to testify against yourself in a criminal trial.

If you choose to plead the fifth, you can refuse to answer any questions from the prosecution. This can be helpful if you are worried that you might say something that could incriminate yourself. However, it is important to note that you can still be convicted of a crime even if you plead the fifth. If you are facing criminal charges, it is important to speak with an attorney who can help you decide whether or not to plead the fifth in a certain circumstance.

When Should I Plead the Fifth?

When you should plead the fifth depends on the specific facts of your case. However, there are a few general situations when it might be a good idea to plead the fifth.

First, if you are worried that you might say something that could incriminate yourself, it is a good idea to plead the fifth. Second, if you are facing multiple criminal charges, it might be a good idea to plead the fifth on some of those charges. This can help protect you from self-incrimination. Finally, if you have been arrested and have not yet been charged with a crime, you may want to plead the fifth. This can help prevent the police from questioning you about potential crimes.

Can a Criminal Defense Lawyer Build a Strong Case for Me?

If you’ve been charged with a crime, you should talk to an experienced criminal defense attorney. An attorney can assist you in investigating the facts of your case and building a solid defense for you. If you are facing serious charges, you might want to consider pleading guilty in exchange for a reduced sentence. However, this decision should be made with the help of an experienced attorney who can help you understand all of your options.

Should I Contact a Criminal Defense Attorney As Soon As Possible?

Yes. If you have been charged with a crime, or think you might be charged with a crime, you should contact an experienced criminal defense attorney as soon as possible to discuss your case. An attorney may assist you in understanding the charges against you and building an effective defense.

When it comes to criminal charges, there is a lot at stake. That is why having the assistance of an experienced criminal defense attorney is critical to your success. Call our criminal defense law firm today at 307-333-7884 for a free consultation. We will review your case and help you decide what steps to take next.

September 4, 2022 by Jeremy Hugus

If you are attending a bond hearing, it is essential that you have an experienced Wyoming criminal defense lawyer on your side.

What is a bond hearing? you may ask. This is the proceeding to decide whether you will be able to remain free while your criminal case is pending.

The Wyoming Constitution guarantees the right to bail in all but capital cases. Therefore, people frequently assume they will quickly go free while they await charges. However, this is a mistake. You need to work to make sure the court sets the lowest possible bond. Don’t underestimate the importance of what happens at a bond hearing. Be prepared by hiring a strong Wyoming criminal defense firm.

WHAT IS A BOND HEARING?

In most cases, a bond hearing is a process for the court to address what happens to a person while awaiting trial. So let’s look at what happens at a bond hearing.

If you are the accused, you will have an opportunity to convince the court that you are not a danger to society and that the court can trust you to return to court for your hearing. It is not as dramatic as the trials you see on TV. However, it is equally important in many ways as you are hoping that a judge will set a reasonable bail so that you can leave freely as you prepare for trial.

It is true that Article 1, Section 14 of the Wyoming Constitution requires that courts not apply excessive bail. But the judge determines what that means based on your case and how you present yourself at the hearing. The judge may allow you to make a statement and present witnesses.

Why would you need witnesses at a bond hearing? Because it helps to have another vouch for you. The hearing is an opportunity for others to show that you have ties in the community and a job you need to attend to, for instance.

Mainly you need to prove to the judge that if they allow you out on bond, you will not run off and are worthy of the lowest bond possible. It is the job of a strategic, pragmatic, and focused criminal defense lawyer to help you with this process.

WHY YOU SHOULD HAVE A WY ATTORNEY FOR A BOND HEARING

You likely would not dare attend any other criminal hearing without a defense attorney. After all, criminal proceedings are serious business. You are dealing with judges, lawyers, court staff, and more. By that same line of thought, a bond hearing is also a court proceeding.

Even if you are feeling confident that you can handle it on your own, you should think twice about doing so. It takes proper legal training to understand the process of:

Presenting information to a court,
Questioning witnesses,
Knowing how to combat prosecutors, and
Handling tough questions from judges.

A Wyoming criminal defense lawyer with a background in representing clients in these matters is your best resource in dealing with bond hearings in Wyoming.

Without legal training, it is very difficult for an accused person to handle all that goes on in a bond hearing. Even lawyers in other legal specialties contact an experienced defense lawyer to come to represent them or their clients in bond hearings.

Cowboy Country Law: PROTECTING YOUR RIGHTS, EXPLAINING YOUR OPTIONS

Cowboy Country Law is owned by Attorney Jeremy Hugus. We represent people in all types of criminal cases in Casper and throughout Wyoming. Contact our firm for any criminal defense needs. We can protect your future and help you take back the reins.

August 1, 2022 by Jeremy Hugus

What is a Misdemeanor?

In Wyoming, a misdemeanor is any crime that can be punished by up to one year in jail and/or a fine of up to $1,000. Misdemeanors are typically divided into two categories: petty misdemeanors and standard misdemeanors. Petty misdemeanors are the less serious of the two and are punishable by up to six months in jail and/or a fine of up to $750. Standard misdemeanors are more serious and are punishable by up to one year in jail and/or a fine of up to $1,000.

Can a Past Misdemeanor Prohibit You From Having a Gun?

If you have been convicted of a misdemeanor, you may be wondering what happens to your gun rights. Wyoming has few restrictions on who can own a gun. A person is not permitted to possess a firearm if they:

● You have previously pleaded guilty to or been convicted of a violent crime felony

● Previously pled guilty to, or been found guilty of, injuring a peace officer in the line of duty.

● Have been convicted of a felony in any U.S. state, territory, or other jurisdiction

● Have had the legal capacity to make decisions taken away as determined in a court of law

● Have been admitted to a mental health facility

If you have been convicted of a non-violent misdemeanor, you will not be prohibited from owning or possessing a firearm. Some examples of non-violent misdemeanors include:

● Disorderly conduct

● Drunkenness

● Public intoxication

● Drug offenses

● Possession of a controlled substance

● Theft and larceny

● Trespassing

If you have any questions about whether a past misdemeanor conviction will prohibit you from owning or possessing a firearm, please do not hesitate to contact our law firm for additional help.

Can a Criminal Defense Lawyer Protect My Gun Rights?

If you’ve been arrested, you should contact a knowledgeable criminal defense attorney as soon as possible. A lawyer can analyze the facts of your case and see whether any defenses are open to you. If you’re facing gun rights deprivation charges, a lawyer can also assist by lobbying for a dismissal or reduced charge in order to safeguard those rights.

Should I Contact a Criminal Defense Attorney Today?

If you’ve been arrested or are being investigated for a crime, it’s crucial to seek out the assistance of an experienced criminal defense lawyer. An attorney can help protect your rights and ensure that you are treated fairly by the criminal justice system. Contact our law firm today to schedule a consultation with one of our experienced Wyoming criminal defense lawyers.

Convicted misdemeanors will not prohibit you from owning or possessing firearms in the state of Wyoming. If you have any questions about your past misdemeanor and gun ownership, please do not hesitate to contact our law firm for additional help. Our knowledgeable criminal defense attorneys can assist you in determining your next steps and help protect your gun rights. Call our criminal defense law firm today at 307-333-7884 for a free consultation.

July 21, 2022 by Jeremy Hugus

In the face of criminal charges, many people feel helpless or alone. After all, a criminal conviction can alter the rest of your life.

When the chips are down, you need a criminal defense lawyer in Laramie, WY who fights aggressively for your interests.

Jeremy Hugus and the team at Cowboy Country Law represent clients facing several types of criminal charges.

Our determination and zealous tactics set us above the competition. Whether we are in a courtroom or at the negotiating table, we empower our clients and protect their future.

If you are accused of a crime, our criminal defense lawyers in Laramie, WY fight for your freedom. Cowboy Country Law goes the extra mile to make sure you have the best defense possible. We will never take the easy way out.

Laramie Crime Statistics

According to data from the FBI, there were 860 reported crimes in Laramie during 2018. A majority of these crimes, around 92%, involved theft or robbery.

Violent crimes, including assault and battery, made up the remaining 8% of reported crimes.

In total, Laramie had 26 crimes per 1,000 people during 2018, which is lower than the crime rate in 2017.

Laramie DUI & DWI Statistics

The National Highway Traffic Safety Administration reports that Wyoming has the second-highest DUI-related deaths in the country.

In addition, Wyoming has the third most DUI-related arrests.

As a result of this data, penalties and laws for DUI and DWI in Wyoming are incredibly strict. If you ever receive charges for a DUI or DWI, you must have a criminal defense attorney in Laramie, WY who understands your situation.

Cowboy Country Law helps protect clients from DUI and DWI charges by advocating on their behalf.

Our Practice Areas

Our team at Cowboy Country Law has a decade of experience representing several criminal cases, including:

DUI,
Theft,
Drug Charges,
Sexual Assault,
Battery, and
Homicide.

Serious criminal charges like these have far-reaching effects on your life. You need a criminal defense lawyer in Laramie, WY with grit and determination to represent you.

At Cowboy Country Law, our attorneys shift the power to our clients. We communicate honestly and directly, so you’re never left wondering what the next step is.

Courthouse Location in Laramie, Wyoming

Below is a list of courthouses in Laramie, WY for your convenience.

Laramie Municipal Court
406 E Ivinson Ave
Laramie, WY 82070
Phone: 307-721-5205

Albany County Circuit Court
525 Grand Ave #400
Laramie, WY 82070
Phone: 307-742-5747

Albany County District Court
525 Grand Ave #305
Laramie, WY 82070
Phone: 303-721-2508

If you are facing criminal charges, hire an experienced criminal defense attorney in Laramie, WY. Our criminal defense team at Cowboy Country Law can help you navigate the Wyoming criminal justice system and take back the reins.

Contact a Criminal Defense Lawyer in Laramie, Wyoming Today

The possibility of a criminal conviction is frightening for many people. If you are facing a criminal charge, a criminal defense attorney in Laramie, WY will fight for you and your future wellbeing.

If you decide to hire an attorney, you want someone on your side who has a stellar track record. Cowboy Country Law can help. We understand how difficult it is to navigate the criminal justice system in Wyoming. We are here to represent you and answer any questions you have.

Our criminal defense lawyers in Laramie, WY strive to create the best defense possible for your criminal case. Contact attorney Jeremy Hugus today at 307-333-7884 or online to discuss your options for defense.

July 6, 2022 by Jeremy Hugus

What is Forgery?

Forgery is the process of making, altering, or imitating an object or document with the intent to deceive. Forgery is considered a white-collar crime and is punishable by law. Depending on the severity of the forgery, an individual can be charged with a felony or misdemeanor.

Forgery is a serious crime that can result in significant penalties, including jail time. To be convicted of forgery, the prosecution must prove that you intentionally created, altered, or copied an object or document with the intent to deceive. There are a variety of objects that can be forged, including:

● Checks

● Driver’s licenses

● Passports

● Social security cards

● Birth certificates

If you are convicted of forgery, you could face a prison sentence, fines, and restitution. It is important to have an experienced criminal defense lawyer on your side if you are facing forgery charges.

What Are Federal Forgery Charges?

Federal forgery charges are brought when an individual commits forgery involving a document that is federally regulated. Documents that are typically involved in federal forgery cases include:

● Wills

● Driver’s licenses

● Birth certificates

● Social security cards

● Passports

Federal forgery charges are serious and can result in significant penalties. If you are convicted of federal forgery, you could face up to 20 years in prison. In addition, you may be required to pay fines and restitution. It is important to have an experienced criminal defense lawyer on your side if you are facing federal forgery charges.

What are the Penalties for a Federal Forgery Conviction?

Federal forgery penalties can be harsh, and depend on the value of the item forged and the circumstances of the crime. If the value of the item is less than $1,000, you may be fined up to $100,000 or imprisoned for up to 15 years, or both. If the value of the item is greater than $1,000, you may be fined up to $250,000 or imprisoned for up to 20 years, or both.

Forgery is a serious crime, and depending on the circumstances, it can carry a hefty punishment. If you are convicted of forgery, you could face a significant fine and a lengthy prison sentence. It’s important to remember that if you are convicted of a federal crime, you will have a criminal record that can impact the rest of your life.

Should I Hire a Criminal Defense Lawyer?

If you are facing federal forgery charges, you need an experienced criminal defense lawyer on your side. The penalties for a federal forgery conviction are harsh and can have a lasting impact on your life. A lawyer can assist you in understanding the accusations against you and will work to create a strong defense. A lawyer can also act as your representative in negotiations with the prosecution and fight for the best possible outcome in your situation.

Hiring a criminal defense lawyer is an important decision, and you should make sure you are comfortable with the lawyer you choose. When you meet with us, you will be optimistic about our experience, as well as our success rate. Call our criminal defense law firm today at 307-333-7884 for a free consultation.

June 30, 2022 by Jeremy Hugus

Miranda Rights Can Protect You

Miranda Rights are the rights that people have when they are being questioned by police. They were created to protect citizens from abuse and overreach by law enforcement. It’s important to know your Miranda Rights so you can exercise them if necessary, but what exactly are those rights? Here is a quick overview of five things every person should know about their Miranda Rights before speaking with authorities:

1. You have the right to remain silent.

2. Anything you say or do can be used against you in a court of law.

3. You have the right to an attorney present during questioning, even if you cannot afford one.

4. If you cannot afford an attorney, one will be appointed for you without cost or obligation.

5. You can exercise these rights at any time during questioning.

You should also be aware that you may waive your Miranda Rights, but only if you do so voluntarily, knowingly, and intelligently. If you are ever questioned by police, it’s best to consult with an attorney beforehand so you can make an informed decision about whether or not to waive your rights. The consequences of waiving your Miranda Rights can be significant, so it’s important to understand the implications before making any decisions.

You Can Benefit In Court If Your Rights Are Violated

If you are questioned by police without being read your Miranda Rights, anything you say can still be used against you in court. However, the prosecution may not use anything you said as evidence of your guilt if they cannot prove beyond a reasonable doubt that you waived your Miranda Rights voluntarily, knowingly, and intelligently. This can be a difficult burden for the prosecution to meet, so it is important to understand all of your rights before speaking with authorities. If you have any questions or concerns about your rights, consult with an attorney immediately.

Miranda Rights Only Apply in Certain Situations

Just because you are being questioned by police, you do not have to waive your Miranda Rights. Miranda Rights only apply in certain situations, such as when a person is in custody and being interrogated. If you are not in custody or not being interrogated, you may not be entitled to the same protections. However, it’s always best to exercise your rights even if you think they may not apply in your situation, as the consequences of waiving them can be significant.

Other Statements May Still Be Admissible Evidence

Although the prosecution cannot use most statements made by a defendant without reading their Miranda Rights, there are exceptions. Statements made before being Mirandized can still be used as evidence if they are voluntarily given and not the result of police coercion. In addition, any physical evidence that is seized without a warrant may still be admissible in court, even if it was obtained as a result of statements made by the defendant without being read their Miranda Rights. Before speaking with authorities, it is critical to understand all of your rights. You can make informed decisions about what you say and how you say it. If you have any questions or concerns, consult with an attorney immediately.

Law Enforcement Must Cease Questioning When You Ask for a Lawyer

One of your most important Miranda Rights is the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you at no cost or obligation. Once you ask for an attorney, law enforcement must cease all questioning until your lawyer is present. If they do not, anything you say after that point may not be used as evidence against you in court. If you have any questions about your rights or what to do if you are questioned by police, consult with an attorney immediately. Call our criminal defense law firm today at 307-333-7884 for a free consultation.

June 11, 2022 by Jeremy Hugus

GET THE LEGAL HELP THAT GIVES YOU THE BEST CHANCE OF FREEDOM IF YOU HAVE WYOMING MANSLAUGHTER CHARGES

Some people claim that homicide cases are simply assaults that result in someone’s death. Although that theory is true in some respects, facing a homicide charge is serious. The stakes are incredibly high for the accused and the prosecution.

Police and prosecutors dedicate much of their resources to solve and prosecute homicide cases. Typically, the prosecutors assigned to homicide cases have years of experience. Shouldn’t you have an attorney who has significant experience defending your serious case?

Wyoming criminal defense attorney Jeremy Hugus and his team with Cowboy Country Law have the skills, resources, and dedication that give you the best shot at freedom.

MURDER VS. MANSLAUGHTER

Police investigators and prosecutors always try to bring the most serious charges possible. Prosecutors have the pressure of making a murder case because they feel that is the best way to find justice for the victim’s family.

As a result, they often charge people with murder even when the facts of the case more appropriately support a manslaughter charge. What’s the difference between murder and manslaughter?

First-Degree Murder

In Wyoming, the purposeful killing of another with premeditated malice is murder in the first degree. The prosecution must prove that the defendant did not act in the sudden heat of passion while killing the victim. Instead, the state must prove the accused acted with premeditated malice.

Premeditated malice means that the accused thought about killing the victim before committing the act. Premeditated means that some time passed between the time the accused formed the intent to kill and the time that they committed the act. There is no set amount of time required — premeditation can be formed in an instant.

Malice means the accused committed the killing intentionally and with hatred, ill will, or hostility toward the victim. Premeditated malice is the exact opposite state of mind from the sudden heat of passion. Under Wyoming law, you cannot have both: it’s either one or the other.

Prosecutors can charge a person with murder in the first degree if the killing happened during the commission or the attempt to commit certain felonies. Under Wyoming law, felony murder occurs when the killing happened during the commission of any one of the following crimes:

Sexual assault,
Sexual abuse of a minor,
Arson,
Robbery,
Burglary,
Escape,
Resisting arrest,
Kidnapping, or
Abuse of a child under 16.

In these circumstances, attempting to commit or committing any one of the crimes listed is a substitute for premeditated malice. Therefore, the prosecution does not have to prove the intent to kill in felony murder cases. Instead, they just have to prove the intent to commit one of the crimes listed.

Second-Degree Murder

Murder in the second degree is the killing of another purposely and with malice. Second-degree murder can be a charge that stands on its own, or it can be a lesser-included charge under first-degree murder.

The difference between first-degree murder and second-degree murder is premeditation. Second-degree murder does not have the legal requirement of premeditation. Instead, the prosecution must prove that the accused acted maliciously. For second-degree murder, maliciously means:

The accused acted in a way that was reasonably likely to result in death;
The accused committed the act recklessly under circumstances showing utter indifference to human life; and
The accused had no legal justification or excuse for acting in that way.

As with first-degree murder, if the accused acted in the sudden heat of passion, then the crime is voluntary manslaughter.

WHAT IS MANSLAUGHTER?

Manslaughter, like second-degree murder, can be a lesser-included offense of murder. However, the charge of manslaughter could stand alone.

The Wyoming manslaughter statute says that manslaughter is the unlawful killing of another person without malice. The charge could be either voluntary manslaughter or involuntary manslaughter.

Voluntary manslaughter is an intentional killing that happens during the sudden heat of passion. The sudden heat of passion results from the arousal of passion.

However, the passion must be reasonable to the ordinary person. It must also arise suddenly and without time to cool off. A classic example of the heat of passion is killing your spouse immediately after you come home and find them in bed with someone else.

Involuntary manslaughter is killing another person while acting recklessly. An example of reckless conduct is playing with a loaded gun that discharges accidentally and kills another.

The charge of involuntary manslaughter does not apply if the killing happened while driving a vehicle recklessly. In that case, the appropriate charge is aggravated homicide by vehicle. Some people refer to this as vehicular manslaughter.

Aggravated homicide by vehicle occurs when a person drives recklessly and kills someone. The reckless driving pattern may or may not be due to the influence of alcohol, drugs, or both.

Drug-induced homicide is another charge that some might say fits under the manslaughter definition. Drug-induced homicide occurs when a person sells narcotics to a minor and the minor dies as a result. The accused has to be four years older than the minor for the charge to apply.

WHAT IS RECKLESSNESS?

Recklessness is conduct that is more dangerous than ordinary negligence. According to the Wyoming criminal jury instructions, recklessness is the act of consciously disregarding a substantial and unjustifiable risk that harm will result.

In other words, reckless conduct is a gross deviation from actions that a reasonable person would take. However, reckless conduct does not rise to the level of the malicious conduct required for a second-degree murder conviction.

MANSLAUGHTER PENALTIES

Manslaughter, whether voluntary, involuntary, or aggravated homicide by vehicle, carries a maximum sentence of 20 years in state prison. However, the court can incarcerate the accused for up to 30 years (but no less than 10 years) if the victim was pregnant and the baby died as a result.

For this enhancement to apply, the accused must know that the victim was pregnant when committing the killing. This sentencing enhancement does not apply to aggravated homicide by vehicle.

MURDER PENALTIES

Murder in the second degree carries a minimum 20-year prison sentence, up to life. However, the minimum term is 40 years if the accused knew the victim was pregnant and the baby died. The penalty for murder in the first degree is life without parole, life imprisonment, or death.

GET THE HELP IMMEDIATELY IF YOU FACE HOMICIDE CHARGES

Your life is at stake if the state charges you with homicide. At Cowboy Country Law, attorney Jeremy Hugus and his team are ready to dedicate their time, energy, extensive skills, and resources to defend your freedom.

We will explore every potential defense possible. We will fight aggressively for you. Call us at Cowboy Country Law today at 307-333-7884 to learn more about your options.

Is Domestic Violence a Felony?