Felony vs Misdemeanor in Wyoming: Sentences, Fines and Probation

Wyoming does not sort crimes into classes. Under W.S. 6-10-101, "Crimes which may be punished by death or by imprisonment for more than one (1) year are felonies. All other crimes are misdemeanors." Each offense statute sets its own prison term and fine, and the sentencing chapter supplies defaults only where an offense statute is silent: a $10,000 felony fine cap (W.S. 6-10-102) and a six-month, $750 misdemeanor penalty (W.S. 6-10-103).

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Wyoming's felony and misdemeanor definition and default penalties (W.S. 6-10-101 to 6-10-107), the habitual criminal article (W.S. 6-10-201 to 6-10-203), indeterminate sentencing and parole eligibility (W.S. 7-13-201, 7-13-402), probation and deferral (W.S. 7-13-301, 7-13-302, 7-13-305) and the compliance-violation sanctions (W.S. 7-13-1801 to 7-13-1803), with the offense-specific repeat-offender rules named below. It does not grade individual offenses in full (see the Wyoming theft laws and Wyoming assault and battery laws pages), time limits for prosecution, record clearing, juvenile proceedings, municipal ordinances or federal offenses. For every state side by side, see felony and misdemeanor classes by state.

Felony vs misdemeanor in Wyoming

The definition is two sentences in the sentencing chapter of the criminal code:

"6-10-101. 'Felony' and 'misdemeanor' defined. Crimes which may be punished by death or by imprisonment for more than one (1) year are felonies. All other crimes are misdemeanors."

Three points follow from the text:

• The line is more than one year. A crime whose maximum is exactly one year is a misdemeanor. Theft of property worth less than $1,000, for example, is "A misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand five hundred dollars ($1,500.00), or both" (W.S. 6-3-402(c)(iii)).
• The possible punishment decides. The section asks what a crime "may be punished by," so the classification follows the penalty the offense statute authorizes.
• There are only two categories. Section 6-10-101 creates no classes, levels or degrees within either category.

Wyoming felony and misdemeanor penalties at a glance

These are the ranges the offense and default statutes set. W.S. 6-10-201 sets higher ranges, up to life, for some repeat violent felony convictions, and several offense statutes have their own repeat-offender rules, described below.

The felony fine section reads: "The court may impose a fine as part of the punishment for any felony. If the statute does not establish a maximum fine, the fine shall be not more than ten thousand dollars ($10,000.00)" (W.S. 6-10-102). The misdemeanor default reads: "Unless a different penalty is prescribed by law, every crime declared to be a misdemeanor is punishable by imprisonment in the county jail for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both" (W.S. 6-10-103).

For murder, W.S. 6-2-101(b) provides that a person convicted of first-degree murder "shall be punished by death, life imprisonment without parole or life imprisonment according to law, except that a person convicted of murder in the first degree who was under the age of eighteen (18) years at the time of the offense shall be punished by life imprisonment." Under W.S. 6-10-301(c), a person sentenced to life imprisonment for an offense committed after reaching age 18 "is not eligible for parole unless the governor has commuted the person's sentence to a term of years." The Wyoming life sentence page explains what a life term means there.

How a Wyoming sentence is set

Within the statutory limits, the judge chooses the sentence. "Within the limits prescribed by law, and subject to W.S. 7-13-108, the court shall determine and fix the punishment for any felony or misdemeanor, whether the punishment consists of imprisonment, or fine, or both" (W.S. 6-10-104). Wyoming has no sentencing guidelines grid in these sections.

Felony prison sentences are indeterminate. W.S. 7-13-201 provides: "Except where a term of life is required by law, or as otherwise provided by W.S. 7-13-101, when a person is sentenced for the commission of a felony, the court imposing the sentence shall not fix a definite term of imprisonment but shall establish a maximum and minimum term within the limits authorized for the statute violated. The maximum term shall not be greater than the maximum provided by law for the statute violated, and the minimum term shall not be less than the minimum provided by law for the statute violated, nor greater than ninety percent (90%) of the maximum term imposed."

The statutory maximum is therefore the outer limit, not the typical sentence. The parole board may parole a person "provided the person has served the minimum term pronounced by the trial court less good time, if any," but not a person serving "a sentence of life imprisonment without parole or a life sentence" (W.S. 7-13-402(a)). Separately, "The minimum term of imprisonment in any state penal institution is not less than one (1) year" (W.S. 6-10-107).

Habitual criminals (W.S. 6-10-201 to 6-10-203)

Wyoming's general repeat-offender statute is W.S. 6-10-201:

"(a) A person is an habitual criminal if: (i) He is convicted of a violent felony; and (ii) He has been convicted of a felony on two (2) or more previous charges separately brought and tried which arose out of separate occurrences in this state or elsewhere. (b) An habitual criminal shall be punished by imprisonment for: (i) Not less than ten (10) years nor more than fifty (50) years, if he has two (2) previous convictions; (ii) Life, if he has three (3) or more previous convictions for offenses committed after the person reached the age of eighteen (18) years of age."

Its limits are in the text and in the definitions:

• The current conviction must be a violent felony. W.S. 6-1-104(a)(xii) defines "violent felony" as "murder, manslaughter, kidnapping, sexual assault in the first or second degree, robbery, aggravated assault, strangulation of a household member, aircraft hijacking, arson in the first or second degree, aggravated burglary, a violation of W.S. 6-2-314(a)(i) or 6-2-315(a)(ii), a third, or subsequent, domestic battery under W.S. 6-2-511(a) and (b)(iii) or a violation of W.S. 6-5-204(b)."
• The priors can be any felonies, from Wyoming "or elsewhere," but each must come from charges "separately brought and tried which arose out of separate occurrences."
• The terms are mandatory in form. The statute says an habitual criminal "shall be punished" by 10 to 50 years with two priors, or by life with three or more priors for offenses committed after age 18.
• The priors must be charged. The information or indictment "shall set forth the charged felony and allege the previous convictions," and the jury is not told of the prior convictions during the trial on the charged felony (W.S. 6-10-203(a)-(b)).

The article does not "abrogate or affect" the death penalty or life imprisonment without parole where those penalties are imposed (W.S. 6-10-202(a)).

Other repeat-offender and enhancement rules

Several offense statutes carry their own repeat-offender rules, outside the habitual article:

• Sexual assault: a person convicted of sexual assault under W.S. 6-2-302 to 6-2-304 who has a prior conviction for a crime with the same or similar elements faces not less than 25 years or life for first- or second-degree sexual assault, and up to 20 years for third degree (W.S. 6-2-306(b)). With two or more such prior convictions, from charges separately brought and arising out of separate occurrences, for offenses committed after age 18, the sentence is life imprisonment without parole; the same applies to sexual abuse of a minor under W.S. 6-2-316 or 6-2-317 (W.S. 6-2-306(d)).
• Sexual abuse of a minor: an actor convicted under W.S. 6-2-314 or 6-2-315 "shall be punished by life imprisonment without parole" with one or more previous convictions under W.S. 6-2-302 through 6-2-304, 6-2-314 or 6-2-315 (or a statute with the same or similar elements), from separately brought charges arising out of separate occurrences, for offenses committed after age 18 (W.S. 6-2-306(e)).
• Firearm used in a felony: "A person who uses a firearm while committing a felony shall be imprisoned for not more than ten (10) years in addition to the punishment for the felony," and for a second or subsequent conviction under that section "not more than twenty (20) years in addition to the punishment for the felony" (W.S. 6-8-101(a)). The enhancement does not apply to felonies that include the use or possession of a deadly weapon as an element (W.S. 6-8-101(b)).
• Theft: a third or subsequent theft offense (including theft under a municipal ordinance or a substantially similar law of another jurisdiction), separately brought and tried, is a felony "punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both" (W.S. 6-3-402(j)).
• Domestic battery: domestic battery is punishable by up to ten years, a $10,000 fine, or both, "if within the previous ten (10) years, the person has been convicted of domestic battery two (2) or more times," or of domestic battery and one of the other offenses against a household member that the subsection lists (W.S. 6-2-511(b)(iii)).
• DUI: a first DUI conviction is a misdemeanor punishable by up to six months, a $750 fine, or both, except as the subsection otherwise provides. A second offense within ten years carries 7 days to 6 months, and a third within ten years carries 30 days to 6 months; the person is not eligible for probation or suspension of sentence until serving at least 7 days (second) or 30 days (third) in jail, though for a third violation the court may suspend up to 15 days of the mandatory term if the offender completes an approved inpatient treatment program. A fourth offense or subsequent conviction within ten years is a felony with a fine of up to $10,000, imprisonment for up to seven years, or both (W.S. 31-5-233(e)).
• Controlled substances: "Unless otherwise provided under W.S. 35-7-1031(c), any person convicted of a second or subsequent offense under this act may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both," and a prior conviction "at any time" under the act or any federal or state drug statute counts (W.S. 35-7-1038(a)-(b)). The doubling rule does not apply to possession offenses under W.S. 35-7-1031(c) (W.S. 35-7-1038(c)); instead, a third or subsequent conviction for possessing the small amounts listed in W.S. 35-7-1031(c)(i) carries up to five years, a $5,000 fine, or both.

Unclassified offenses in Wyoming

Because Wyoming has no classes, every offense works like an "unclassified" offense in other states: its own statute sets the prison term and fine. The defaults in W.S. 6-10-102 and 6-10-103 apply only when an offense statute is silent on the fine (felonies) or on the whole penalty (misdemeanors).

Can a felony be reduced to a misdemeanor in Wyoming?

The sentencing provisions at W.S. 6-10-101 to 6-10-110, 7-13-201 and 7-13-301 to 7-13-307 contain no provision that converts a felony conviction into a misdemeanor. Whether a crime is a felony follows from the penalty its statute authorizes under W.S. 6-10-101.

What Wyoming has is a deferral before judgment. Under W.S. 7-13-301(a), if a person "who has not previously been convicted of any felony" is charged with, found guilty of, or pleads guilty or no contest to an eligible offense, "the court may, with the consent of the defendant and the state and without entering a judgment of guilt or conviction, defer further proceedings and place the person on probation for a term not to exceed thirty-six (36) months upon terms and conditions set by the court."

The section excludes these offenses:

• any second or subsequent DUI under W.S. 31-5-233 or a similar law;
• any second or subsequent violation of W.S. 6-2-510(a) or 6-2-511(a) or a similar law;
• murder, sexual assault in the first or second degree, grooming of a minor for a sexual offense, aggravated assault and battery, and arson in the first or second degree.

The section also does not apply to a commercial driver's license holder, or the driver of a commercial motor vehicle, charged with an offense specified in W.S. 31-7-305 (W.S. 7-13-301(f)).

"Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for any purpose," and "There shall be only one (1) discharge and dismissal under this section or under any similar section of the probationary statutes of any other jurisdiction" (W.S. 7-13-301(d)-(e)).

Infractions and petty offenses in Wyoming

The general sentencing provisions in Titles 6 and 7 of the Wyoming Statutes set out no infraction, violation or petty-offense category. W.S. 6-10-101 sorts all crimes into two groups: felonies, and "All other crimes," which "are misdemeanors." Traffic violations under Title 31 and municipal ordinance violations are outside the scope of this page.

How long is probation in Wyoming?

After a conviction or a guilty or no contest plea "for any offense, except crimes punishable by death or life imprisonment," the court may suspend the imposition or execution of sentence and place the defendant on supervised or unsupervised probation, or impose a fine and place the defendant on probation (W.S. 7-13-302(a)). The length limits are in subsection (b):

"(b) Unless otherwise authorized by law, no term of probation imposed shall exceed the maximum term of imprisonment allowed by law. Any term of probation imposed under this section for a felony offense shall in no case exceed thirty-six (36) months, except that the judge may impose a term of probation that is not greater than the maximum term of imprisonment authorized by law for the offense for good cause shown upon the record and after considering public safety, rehabilitation, deterrence and any other goals of sentencing."

In practice that sets three rules:

• Felonies: up to 36 months, or up to the offense's maximum prison term on a good-cause finding on the record.
• Misdemeanors: no longer than the maximum prison term allowed by law, unless another law authorizes more. A misdemeanor under the 6-10-103 default therefore carries up to six months of probation.
• Statutory exceptions: the DUI statute lets the judge impose probation longer than the offense's maximum prison term, provided probation with extensions does not exceed three years "for up to and including a third conviction" (W.S. 31-5-233(e)). For domestic battery sentenced under W.S. 6-2-511(b)(i) or (ii), the court may impose probation "exceeding the maximum imprisonment of one (1) year, provided the term of probation, including extensions, shall not exceed three (3) years" (W.S. 6-2-511(c)).

The court may reduce, continue or extend probation, but the total, including continuations or extensions, may not exceed the subsection (b) limit, except on the same good-cause finding (W.S. 7-13-305(a)). A deferral under W.S. 7-13-301 is also limited to 36 months.

Probation is unavailable for some sentences. Among them: crimes punishable by death or life imprisonment (W.S. 7-13-302(a)); the life-without-parole sentences for repeat sexual offenses (W.S. 6-2-306(d)-(e)); and the jail time a second or third DUI requires before the person becomes eligible for probation (W.S. 31-5-233(e)).

What happens if you violate probation in Wyoming?

Revocation. Under W.S. 7-13-305(c), "For a violation of a condition of probation occurring during the probationary period, revocation proceedings may be commenced at any time during the period of suspension of sentence or probation under W.S. 7-13-302, or within thirty (30) days thereafter, in which case the court may issue a warrant and cause the defendant to be arrested. If after hearing the court determines that the defendant violated any of the terms of probation or suspension of sentence, the court may proceed to deal with the case as if no suspension of sentence or probation had been ordered."

Report to the court. Before the court decides, the probation and parole agent reports "on the prior use of incentives and sanctions under W.S. 7-13-1801 through 7-13-1803" and makes recommendations on the disposition (W.S. 7-13-408(a)).

Compliance violations. A "compliance violation" is a violation of a condition of probation, parole or conditional release that is not an arrest for a new misdemeanor or felony offense and not absconding from supervision (W.S. 7-13-401(a)(xv)). "Compliance violations not leading to retaking or reincarceration shall be sanctioned under W.S. 7-13-1801 and 7-13-1802" (W.S. 7-13-408(a)). The custodial sanctions listed in W.S. 7-13-1802(b) include a two- or three-day jail stay, up to 15 consecutive days in a county jail, and up to 90 days in a residential community correction program, a county jail or a state penal institution coupled with treatment or programming.

Section 7-13-1803(c) limits those sanctions in these words:

"(ii) The total of all confinement under W.S. 7-13-1802(b)(i) and (ii) shall not exceed eighteen (18) days during the term of probation, parole or conditional release; (iii) Cumulative custodial sanctions imposed under W.S. 7-13-1802(b)(i) through (iii) shall not exceed ninety (90) days during the term of probation, parole or conditional release prior to any revocation."

All time in custody related to the compliance violation is credited toward the sentence (W.S. 7-13-1803(c)(i)). A hearing is held before custodial sanctions are imposed, unless the person is in the intensive supervision program, is a qualified offender whose probation was previously revoked under W.S. 7-13-1303(d), or consents to the sanction without a hearing (W.S. 7-13-1803(d)).

Recent changes

• Theft (in effect July 1, 2026): 2026 Senate File 7 (Enrolled Act 9, "Theft amendments") raised the penalty for theft of property worth less than $1,000 to a misdemeanor of up to one year and $1,500, from six months and $750, and made a third theft offense a felony, where the statute previously required a fifth. "Section 2. This act is effective July 1, 2026." The theft rules on this page reflect the amended text.
• Deferral exclusions: 2026 House Bill 9 (Enrolled Act 12) amended W.S. 7-13-301(a), which now lists grooming of a minor for a sexual offense among the felonies excluded from deferral.
• Core sections: no act of the 2025 General Session or 2026 Budget Session amended the felony and misdemeanor definition or default penalties (W.S. 6-10-101 to 6-10-103), the habitual criminal article (W.S. 6-10-201 to 6-10-203), indeterminate sentencing (W.S. 7-13-201) or the probation-length sections (W.S. 7-13-302, 7-13-305).

Related legal issues in Wyoming

Each offense statute sets its own penalty, which decides which side of the one-year line it falls on. The Wyoming theft laws page explains how theft is graded by value and prior offenses, and the Wyoming assault and battery laws page covers the assault and domestic battery offenses. For clearing an old record, see Wyoming expungement laws.

Federal gun law uses a similar line. 18 U.S.C. 922(g)(1) applies to a person convicted of "a crime punishable by imprisonment for a term exceeding one year," and 18 U.S.C. 921(a)(20)(B) excludes "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The federal classes are covered on the felony and misdemeanor classes hub.

Related

• Felony and misdemeanor classes by state
• Wyoming theft laws
• Wyoming assault and battery laws
• Wyoming expungement laws
• Wyoming life sentence
• Montana felony and misdemeanor classes
• Colorado felony and misdemeanor classes

This article provides general legal information about how Wyoming statutes classify and punish crimes, current as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Wyoming.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Wyoming?

Under W.S. 6-10-101, crimes which may be punished by death or by imprisonment for more than one year are felonies, and all other crimes are misdemeanors. The line turns on the maximum the offense statute allows, so a crime punishable by up to one year is a misdemeanor.

What are the felony classes in Wyoming?

Wyoming has no felony classes or degrees. Each offense statute sets its own prison term and fine; if a felony statute sets no maximum fine, the fine is capped at $10,000 (W.S. 6-10-102).

What is the maximum penalty for a misdemeanor in Wyoming?

Unless a different penalty is prescribed by law, a Wyoming misdemeanor is punishable by up to six months in county jail, a fine of up to $750, or both (W.S. 6-10-103). Many misdemeanor statutes set their own penalty instead; theft of property worth less than $1,000, for example, carries up to one year and $1,500 (W.S. 6-3-402(c)(iii)).

Does Wyoming have infractions or petty offenses?

The general sentencing provisions in Titles 6 and 7 of the Wyoming Statutes set out no infraction, violation or petty-offense category; W.S. 6-10-101 sorts every crime into felony or misdemeanor. Traffic and municipal ordinance violations fall outside the scope of this page.

Can a felony be reduced to a misdemeanor in Wyoming?

W.S. 6-10-101 to 6-10-110 and 7-13-201 and 7-13-301 to 7-13-307 contain no provision that converts a felony conviction into a misdemeanor. W.S. 7-13-301 instead lets a court, with the consent of the defendant and the state, defer proceedings without entering a judgment for an eligible person with no prior felony conviction; a discharge and dismissal under that section is not a conviction for any purpose, and only one is allowed.

Does Wyoming have a three-strikes or habitual offender law?

Yes. Under W.S. 6-10-201, a person convicted of a violent felony (as listed in W.S. 6-1-104(a)(xii)) with two prior felony convictions on separately brought and tried charges is punished by 10 to 50 years, and with three or more priors for offenses committed after age 18, by life. Separate repeat-offender rules apply to some offenses, including theft, domestic battery, DUI, drug crimes, sexual assault and sexual abuse of a minor.

How long is probation in Wyoming?

Felony probation may not exceed 36 months unless the judge, for good cause shown on the record, imposes a term up to the maximum prison term for the offense (W.S. 7-13-302(b)). Unless otherwise authorized by law, probation may not exceed the maximum prison term allowed by law, which limits most misdemeanor probation; the DUI and domestic battery statutes allow up to three years (W.S. 31-5-233(e), 6-2-511(c)).

What happens if you violate probation in Wyoming?

Revocation proceedings may begin at any time during probation or within 30 days after it ends, and if after a hearing the court finds a violation, it may proceed to deal with the case as if no suspension of sentence or probation had been ordered (W.S. 7-13-305(c)). Compliance violations not leading to retaking or reincarceration are sanctioned under W.S. 7-13-1801 and 7-13-1802.