What is a Second Degree Felony in Wyoming?

In Wyoming, a second-degree felony is a more serious crime than a misdemeanor but does not carry the same weight as a first-degree felony. Wyoming law provides what types of crimes constitute a second-degree felony. It determines what crime is a second-degree felony depending on multiple factors such as the weapon used, the amount of harm done, or the presence of aggravating circumstances. For example, Section 6-2-303 of the Wyoming Statutes defines murder in the second degree as the illegal killing of a person without premeditation or planning.

Which Crimes Are Considered Second Degree Felonies in Wyoming?

Wyoming law makes provisions for when different crimes become second-degree felonies. These crimes include:

• Sexual assault in the second-degree: Under Wyoming law, a person is guilty of sexual assault in the second-degree if they have forced sexual relations with a person through threats or with a physically helpless person.
• Arson in the second-degree: An individual is said to have committed second-degree arson if they start a fire or cause an explosion in an attempt to collect insurance money.
• Human trafficking in the second-degree: According to Wyoming Statute, a person is guilty of human trafficking in the second-degree if they recklessly, rather than knowingly, transport a person for sex or forced labor.

What is Second Degree Murder and How is it Classified in Wyoming?

Under the Wyoming Statute section 6-2-104, second-degree murder is when someone kills a person intentionally and maliciously. However, it lacks the premeditation or planning required for it to be classified as first-degree murder. Second-degree murder should not be confused with manslaughter, which lacks intent or malice. It could also be classified as manslaughter if the killing is done in sudden passion or a fit of rage.

Wyoming Second Degree Felonies Penalties and Punishments

How long a person will stay in prison for a second-degree offense depends on the crime committed and their conviction history. For example, murder in the second degree attracts a prison sentence of not less than 20 years. In the case of second-degree sexual assault, offenders may face from 2 to 20 years in prison. The same goes for sexual abuse of a minor in the second degree.

Offenders may also be asked to pay fines in addition to or instead of their prison sentences. For example, any person convicted of human trafficking may be asked to pay a fine of up to $10,000. Sometimes, probation or parole is offered when the crime has fewer aggravating circumstances. For example, a person may be eligible for parole after a second-degree murder conviction if they fulfil the conditions set out by the court.

Are Second Degree Felony Records Public in Wyoming?

According to Wyoming’s Public Records Act, the general public can access second-degree felony records. These records are considered public since they are recorded, kept, and updated by the courts, a government entity. Interested parties will find information such as the offender’s name, the crime they were convicted of, and the court that made the decision. However, some of these records are confidential because of the sensitive information they may contain., For example, information on victims, juvenile records, and sealed records is not publicly available and can only be accessed by law enforcement agencies, the offender, and their legal representatives.

How to Access Second Degree Felony Court Records in Wyoming

Interested parties may access second-degree felony records if they follow these four simple steps:

1. Identify the county where the offender was arrested and tried.
2. Since the District Courts handle felonies in Wyoming, visit the county’s District Court website for its search portal. Parties can also check the Wyoming Judicial Branch website’s search portal.
3. Record seekers may also visit the county clerk’s office if they cannot find the information online. Ensure the offender’s name, case name, and number are easily read.
4. Requesters must pay any required fees for requesting copies of second-degree felony court records.

People should note that they can not view certain types of records and must follow local laws on privacy and restrictions.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes, a person’s second-degree felony charges can be reduced or dismissed. There are a few ways an offender can do this, and they are as follows:

• Plea bargains: An offender may use a plea bargain to avoid harsher punishment. They may plead guilty to a lesser offense like a third-degree felony or a misdemeanor.
• Pre-trial motions: The offender’s defense may challenge the evidence brought against them based on constitutional violations. They may argue that their defendant’s constitutional rights were infringed upon to obtain evidence. If successful, the evidence would be invalid, and the case may be dismissed.
• Mitigating circumstances: If the defendant has no prior convictions or is suffering from mental instability, they may have their charges reduced.

Whether the charges can be reduced or dismissed depends on the facts of the case and the legal representative’s competence. It is best always to consult an attorney when looking to have charges reduced or dismissed.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Wyoming?

A felony conviction in Wyoming may occasionally be expunged from a person's court record. It is important to remember that not all felony convictions can be expunged from a person's record.

A person may file for expungement if they fulfill specific requirements. Individuals are usually expected to state their reasons for wanting their records expunged when filing for expungement. Also, the law does not state a specific amount of time they are expected to wait before getting a decision, as it depends on several variables, such as the seriousness of the offense.

A person must meet the following requirements before they can file for expungement:

• They must have completed the 10-year waiting period for a felony.
• The felony must be a nonviolent one.
• If they wish to expunge multiple felonies, they must have all happened simultaneously.

Parties cannot expunge all kinds of felonies. For example, convictions for murder, manslaughter, kidnapping, and robbery cannot be expunged. Also, only the Wyoming Governor’s office can grant expungement.

How Long Do Second-Degree Felony Records Stay Public in Wyoming?

Records often remain public for an indeterminate period of time unless they are purged or sealed by the court. Most of the time, Wyoming does not automatically remove felony convictions after a certain amount of time. Furthermore, completing a parole or sentence does not immediately remove the conviction from the public record. Access may be restricted through sealing or expungement, which calls for legal action and fulfillment of legal requirements.