Whether a criminal charge is a misdemeanor or felony can affect the potential sentence, court process, collateral consequences, and available post-conviction options. Wyoming generally sets penalties offense by offense rather than through one universal felony and misdemeanor class chart.
How Wyoming Sets Criminal Penalties
The statute defining a particular offense generally determines whether it is a misdemeanor or felony and identifies the available penalty range. The outcome in any case may depend on the alleged conduct, prior record, charging decision, evidence, statutory enhancements, and sentencing provisions.
Misdemeanors may carry fines, county-jail time, probation, and collateral consequences. Felonies generally carry more serious potential penalties and can create additional consequences involving civil rights, firearms, employment, licensing, and other matters.
Representative Wyoming Offenses and Penalties
| Offense | Classification | Maximum statutory penalty |
|---|---|---|
| Theft of property worth less than $1,000 | Misdemeanor | Up to 6 months’ imprisonment, a $750 fine, or both. [Wyo. Stat. § 6-3-402] |
| Theft of property worth $1,000 or more, or specified property such as a firearm or certain livestock regardless of value | Felony | Up to 10 years’ imprisonment, a $10,000 fine, or both. [Wyo. Stat. § 6-3-402] |
| Simple assault [Wyo. Stat. § 6-2-501(a)] | Misdemeanor | Fine up to $750. [Wyo. Stat. § 6-2-501(c)] |
| Battery [Wyo. Stat. § 6-2-501(b)] | Misdemeanor | Up to 6 months’ imprisonment, a $750 fine, or both. [Wyo. Stat. § 6-2-501(d)] |
| Aggravated assault and battery | Felony | Up to 10 years’ imprisonment. [Wyo. Stat. § 6-2-502] |
| First DUI conviction | Misdemeanor | Up to 6 months’ imprisonment, a $750 fine, or both. [Wyo. Stat. § 31-5-233(e)(i)] |
| Fourth or subsequent qualifying DUI conviction within 10 years | Felony | Up to 7 years’ imprisonment, a $10,000 fine, or both. [Wyo. Stat. § 31-5-233(e)(iv)] |
These are maximum statutory penalties for representative offenses. Other penalties, license consequences, restitution, probation conditions, treatment requirements, enhancements, and collateral consequences may apply depending on the facts and law.
Why the Classification Matters
A felony conviction can carry consequences beyond a sentence. Under Wyoming law, a felony conviction may affect voting, jury service, holding public office, and firearm possession, subject to statutory exceptions and restoration procedures. [Wyo. Stat. § 6-10-106]
Some rights may be restored through statutory procedures. Voting-rights restoration is not the same as firearms-rights restoration. Federal firearms law is separate: whether a conviction remains disqualifying may depend on whether it has been expunged, set aside, pardoned, or followed by a restoration of civil rights that does not expressly continue a firearms prohibition. [Wyo. Stat. § 7-13-105; 18 U.S.C. § 921(a)(20)]
Misdemeanor convictions can also have serious consequences. Depending on the offense and the person’s circumstances, a misdemeanor may affect employment, professional licensing, immigration, family-law proceedings, driving privileges, and firearm rights.
Can a Wyoming Conviction Be Expunged?
Wyoming allows petitions to expunge certain misdemeanor and felony convictions, but eligibility is limited and statute-specific. It may depend on the conviction, waiting period, completion of sentence and court-ordered requirements, restitution, prior record, statutory exclusions, and the convicting court.
Misdemeanor and felony expungement rules differ. A person considering an expungement petition should have the current statute reviewed before filing. [Wyo. Stat. §§ 7-13-1501, 7-13-1502]
The classification of a charge is only one part of the analysis. A careful review of the charging statute, evidence, prior record, potential collateral consequences, and available options can be important before resolving a criminal case.
Legal information review
This page provides general information, not legal advice. Laws, deadlines, penalties, and tax figures can change, and the result in any matter depends on the facts and the applicable law. Last reviewed: August 2026.
Primary authority: Wyo. Stat. §§ 6-3-402, 6-2-501, 6-2-502, 31-5-233, 6-10-106, 7-13-105, 7-13-1501, 7-13-1502; 18 U.S.C. § 921(a)(20).
