What Is a Third-Degree Felony in Wyoming?

The Wyoming crime classification system does not have a generalized third-degree felony classification. In the absence of a uniform third-degree felony classification, there are statutes that specify the degree of an offense and its corresponding sentencing range. This applies to offenses that are divided into multiple degrees. Thus, third-degree felonies in Wyoming are standalone crimes with their specific ingredients and sentences. An example of such crime is third-degree arson, provided for in Wyoming Statutes § 6-3-103, and third-degree sexual assault.

Third-degree felonies in Wyoming are considered serious crimes because they fall within the class of offenses punishable by at least one year of imprisonment. A conviction will usually result in lengthy prison sentences, with up to 5 years for third-degree arson and up to 15 years imprisonment for sexual assault. There are also provisions for harsher punishments for offenders with prior convictions, as outlined in Wyoming Statutes 6-2-306(d) & (e). While third-degree felonies are the least severe versions of the crime, they maintain the same effects on an ex-convict, such as difficulty in getting loans, housing, professional licenses, or some specific jobs.

Common Offenses That Fall Under Third-Degree Felony Charges

Third-degree felonies in Wyoming are standalone offenses created by specific statutes. These types of crimes have their specific features and prescribed punishment. An example is third-degree sexual assault, described in Wyoming Statutes § 6-2-304 as subjecting another to sexual contact without causing serious bodily harm or without penetration. This offense is punishable by up to 15 years imprisonment for offenders without a prior conviction. Another offense is third-degree arson, described as causing an explosion or setting a fire that exposes people to danger or damages property worth $200 or more. This offense carries a penalty of up to 5 years imprisonment.

Sexual abuse of a minor in the third degree is described in Wyoming Statutes § 6-2-316 as sexual misconduct with minors that does not have the ingredients of first or second degree. This offense is punishable by up to 15 years' imprisonment.

Penalties and Sentencing for Third-Degree Felonies in Wyoming

In Wyoming, third-degree felonies attract a fine or a prison sentence, which can depend on the statute’s provision, if aggravating circumstances apply, or if the defendant has prior convictions. For example, third-degree arson carries a penalty of up to $5,000 fine, a maximum of 5 years imprisonment, or both.

A third-degree sexual assault conviction is punishable by up to 15 years in prison with no option of a fine. The maximum term for individuals with prior convictions can also be increased, but cannot be more than 20 years imprisonment. Other offenses, such as Burglary or fifth or subsequent theft, are punishable by up to 10 years in prison, a fine of at most $10,000, or both. A repeat offender for burglary, or if aggravated circumstances apply, the prison time can increase to at most 15 years or a fine of up to $50,000.

Will You Go to Jail for a Third-Degree Felony in Wyoming?

Yes, individuals convicted of third-degree felonies in Wyoming will serve jail time. Felonies are generally offenses that carry punishment of a fine or imprisonment for at least a year. Thus, there will be varying prison sentences depending on the exact crime for third-degree felony jail time. For example, Fifth or subsequent theft carries a prison sentence of up to 10 years, while third-degree arson carries a prison sentence of up to 5 years.

While repeat offenders are not eligible for probation, first-time offenders may have their sentence suspended while being placed under supervised or unsupervised probation according to Wyoming Statutes § 7-13-302. There are also provisions for split sentencing, which involves a term for incarceration followed by probation to complete the sentence. According to Wyoming Statutes § 7-13-107. First offenders can also avoid getting a conviction for third-degree felonies through the first offender treatment. Such individuals can be placed on probation for up to 36 months, with the charges dismissed if there is compliance.

How Long Does a Third-Degree Felony Stay on Your Record?

Third-degree felony convictions will stay on your criminal record permanently unless they are removed through sealing or expungement. Felonies are serious crimes, and a conviction will not be removed automatically. Arrests may be easier to remove from your records, especially when there was no formal charge or conviction. This means that your records can be viewed by the public, which can affect your life and prospects in various ways. For example, employers may be allowed access through background checks, which may affect your chances of getting a job.

A third-degree felony staying on your record also means it will show up during licensing board checks, civil proceedings, immigration applications, and more. You can apply to the court to seal or remove the records if you are qualified for the process. This is done through sealing or expungement. However, when your conviction is expunged, the records are still accessible to law enforcement agencies, and the rights or privileges lost due to the conviction may not be restored automatically. The main keys to being eligible for expunging your records are to be of good conduct after the conviction and waiting for the required time to pass.

Can a Third-Degree Felony Be Sealed or Expunged in Wyoming?

Offenders who are convicted of a third-degree felony in Wyoming are not entitled to have the conviction removed from their public records automatically. This is because felonies are considered serious crimes, and a conviction will stay on your record permanently. However, Wyoming allows offenders to seal or remove convictions from their public records. The process of removing convictions according to Wyoming Statutes § 7-13-1502 is called an expungement. According to this statute, there are certain requirements for being eligible for expungement in Wyoming. They include:

• Waiting for at least 10 years since the expiration of your sentence, completion of any court-ordered programs, or full payment of restitution.
• There must have been no felony convictions prior to applying for expungement.
• The felony to be expunged must not involve the use of firearms
• Ensure the offense is eligible for expungement and is not included in the list of offenses exempted from expungement, such as violent felonies and some sexual offenses.

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

Third-degree felonies are generally less severe crimes compared to first and second-degree felonies. First-degree felonies are the most serious crimes, such as first-degree murder or first-degree sexual assault. First-degree felonies also carry the highest penalties, which can be death or life imprisonment. For example, first-degree murder is punishable by life imprisonment or death, while first-degree sexual assault carries up to 50 years imprisonment. They often involve serious body harm, use of weapons, death, or overlapping crimes. Second-degree felonies are not as severe as first-degree felonies, as they may lack some aggravating factors. They also carry fewer penalties, such as a maximum of 20 years imprisonment for sexual assault in the second degree or 20 years to life imprisonment for murder in the second degree.

Third-degree felonies are generally less serious and carry the least penalties. They generally lack aggravating elements and bodily harm. For example, sexual assault in the third degree is described as non-penetrative sexual contact, which carries up to 15 years ' imprisonment. The major differences include the severity of the offense and whether there are aggravating elements involved.

How to Look Up Third-Degree Felony Records in Wyoming

Third-degree felony records in Wyoming are accessible through the criminal justice institutions, such as the courts and law enforcement agencies. Court records generally contain the details of the crime and the court’s conviction and sentence. Individuals who want to access third-degree felony records can do so by submitting an in-person or mail-in request to the clerk of the court or county clerk where the case was filed. This will require the details of the case, such as the case number or filing date, as well as details of the offender, such as the name.

Records search fees may apply in certain counties, such as Teton County, with a $10 fee. The clerk may allow access to public felony records while restricting access to sealed or juvenile records, which are protected by law. Requesters can also access third-degree felony records online through the Wyoming State Court Case Search website. It is a free search tool that provides access to docket information and publicly accessible case filings. These documents can also be accessed through courthouse terminals. However, requesters cannot access complete case documents through the case search website due to restrictions and sealing of confidential records.

Probation and Parole for Third-Degree Felony Offenders

Probation refers to when a court orders supervision, which can be done with or in place of imprisonment. This is different from parole, which is a conditional early release from incarceration after serving part of the sentence. Both are supervised and must be completed before the offender is completely free.

In Wyoming, an individual convicted of a third-degree felony may be eligible for probation or parole depending on certain conditions. They include:

• The crime must not be excluded from probation or parole eligibility by law
• Offenders who have prior felony convictions may not qualify or may be given less favorable terms
• The severity of the offense or aggravating elements involved will determine if the offender is a risk to public safety
• If the defendant shows potential for being rehabilitated through mental health or substance abuse treatment, they may qualify for probation or parole
• The sentence given by the court must be eligible for parole. For example, sentences like life imprisonment without parole are not eligible.

The court will impose certain conditions for an offender who is released on parole or probation. Violation of these conditions can cause revocation of the privilege and return to law enforcement custody.