What Role Does Criminal History Play in Wyoming’s Sentencing Guidelines?
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What Role Does Criminal History Play in Wyoming’s Sentencing Guidelines?
When it comes to criminal sentencing in Wyoming, a defendant’s prior criminal record can have a major impact on the sentence they receive. Wyoming uses a determinate sentencing system where judges have discretion to impose a sentence within a specified range for each offense. However, that discretion is guided by a number of factors, with the offender’s criminal history being one of the most significant. So if you or a loved one is facing criminal charges in Wyoming, it’s important to understand exactly how your past brushes with the law could affect the potential sentence. Let’s break it down step-by-step so you have a clear picture of what to expect.
The Basics of Criminal Sentencing in Wyoming
First, let’s cover some sentencing fundamentals. In Wyoming, felony offenses carry a maximum penalty defined by statute for each crime. For example, aggravated assault is punishable by up to 10 years in prison. Misdemeanors generally have a maximum jail term of 6 months to 1 year. However, within those statutory maximums, judges have discretion to craft an appropriate sentence based on the specific facts of the case and characteristics of the offender. Wyoming does not have sentencing guidelines that provide narrow ranges like the federal system. Instead, judges consider a variety of factors, including:
- The nature and severity of the offense
- The defendant’s acceptance of responsibility and remorse
- The defendant’s age, mental state, and personal circumstances
- The need for punishment, deterrence, and public safety
- The defendant’s potential for rehabilitation
- And critically, the defendant’s prior criminal history
At sentencing, both the prosecution and defense have an opportunity to argue for what they believe is an appropriate sentence. The judge then makes the final decision. In some cases, the judge may order a presentence investigation and report to gather more detailed information about the defendant’s background before imposing sentence.
How Prior Convictions Enhance Sentences
So where does criminal history come into play? Under Wyoming law, certain prior adult felony convictions can substantially increase the maximum sentence a defendant faces for a new felony offense. These sentence enhancements make the defendant eligible for a longer prison term than would normally apply to the crime. The prior felonies that trigger an enhanced sentence are referred to as “strikes” based on Wyoming’s “three strikes” law. Here’s how it works:
- If a defendant has one prior adult felony conviction, the maximum sentence for the new felony is doubled. So instead of 10 years for aggravated assault, the defendant could face up to 20 years. This is considered a “second strike.”
- If the defendant already has two or more separate prior adult felony convictions, the new felony carries a maximum of life in prison. This is the “third strike.”
To count as a strike, the prior felony must be one of a list of violent or serious offenses enumerated in the statute, such as murder, kidnapping, sexual assault, robbery, or aggravated burglary. The prior conviction must also be less than 10 years old, excluding any time the defendant spent in jail or prison.Importantly, these enhancements are not automatic – the prosecutor must file a formal notice of intent to seek the enhanced penalty based on the prior convictions. If the defendant disputes the validity of the priors, the judge holds a hearing to determine if the convictions qualify as strikes.In addition to the three strikes law, Wyoming also has a “habitual criminal” statute that allows life sentences for defendants with three or more prior felony convictions of any kind within the past 10 years. However, this law is rarely used.
Juvenile Adjudications and Criminal History
Many defendants want to know – will crimes I committed as a juvenile come back to haunt me in adult court? The answer is generally no, with some exceptions. In Wyoming, most juvenile adjudications do not count as prior convictions for adult sentencing purposes. This means they will not trigger the sentence enhancements we discussed above. However, there are a few scenarios where a juvenile record could still be relevant:
- Under Wyoming law, juvenile adjudications for violent felonies can be used to impeach a defendant’s credibility if they choose to testify at trial.
- If a defendant is convicted as an adult before turning 21, prior juvenile adjudications for felony offenses can contribute to their criminal history score under the state’s discretionary sentencing guidelines.
- Judges have discretion to consider a defendant’s entire criminal and delinquency history as part of the sentencing factors, even if the juvenile record does not formally count as a prior conviction.
So while juvenile crimes alone won’t usually lead to enhanced sentences, they can still be a relevant factor weighed by the judge. An extensive juvenile record may be viewed as evidence of an ingrained pattern of criminal behavior.
Diversions, Deferrals, and Expungements
Of course, not every brush with the law necessarily leads to a conviction. Wyoming, like most states, offers several alternatives that allow defendants to avoid a permanent conviction on their record in some cases. For many first-time offenders accused of low-level crimes, deferred prosecution or deferred sentencing may be an option. Under these programs, the defendant pleads guilty or no contest but the judge postpones entering a conviction. The defendant must then complete a period of probation and any required treatment or other conditions. If successful, the charge is dismissed and will not count as a conviction.Some defendants may also be eligible for a diversion program, where their case is diverted out of the criminal justice system before charges are even filed. Diversion is usually reserved for minor misdemeanors like marijuana possession. If the defendant completes the terms of the diversion agreement, the case is dismissed. Finally, Wyoming allows many criminal records to be expunged after a certain period of time has passed since the conviction. Expungement seals the record from public view, though it remains accessible to law enforcement. Misdemeanors are generally eligible for expungement 5 years after the sentence is complete, and felonies after 10 years. However, any conviction that is expunged or sealed generally still counts as a prior offense for purposes of future sentencing enhancements in Wyoming. The only exception is for certain drug possession convictions, which do not count as priors if expunged.
Negotiating Pleas and Sentencing Factors
So what can a defendant facing criminal charges in Wyoming do to minimize the impact of any prior record? Careful plea bargaining is often crucial. In many cases, an experienced criminal defense attorney may be able to negotiate a plea deal that avoids triggering a sentence enhancement. For example, pleading guilty to a different charge that does not qualify as a “strike” offense. During plea negotiations, the defense should also emphasize any mitigating factors that could justify a more lenient sentence, such as:
- The defendant’s youth or advanced age
- Mental health or substance abuse issues that contributed to the offense
- Lack of a violent criminal history
- Steady employment and community ties
- Acceptance of responsibility and cooperation with authorities
At sentencing, the defense attorney’s job is to paint a complete picture of the defendant as a person, not just a rap sheet. This could include presenting character witnesses, sentencing letters, treatment records, or other evidence of the defendant’s redeeming qualities and potential for rehabilitation. The judge will weigh this mitigating evidence against the defendant’s criminal history and the severity of the offense to arrive at an appropriate sentence. In some cases, the judge may find that even a defendant with a lengthy record deserves a second chance based on compelling personal circumstances.