Charges and sentences
Felony and misdemeanor classes in Wyoming
Wyoming does not sort crimes into classes or degrees. A crime is a felony if it can be punished by more than one year in prison, and a misdemeanor if not. Each offense law sets its own penalty, and the state code supplies default fines and misdemeanor penalties.1
Checked October 29, 2026 against Wyoming's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- In Wyoming, a crime that can be punished by death or by imprisonment for more than one year is a felony. All other crimes are misdemeanors.1
- Felony theft starts at
- $1,000How theft is graded
- When a DUI is a felony
- A fourth or later DUI conviction within 10 years is a felony, punishable by up to 7 years in prison and a fine of up to $10,000. A first, second or third DUI is a misdemeanor with up to 6 months in jail.2
Felony categories in Wyoming
| Class | Prison | Fine | The law |
|---|---|---|---|
| Felony (no classes) | Set offense by offenseWyoming has no felony classes. The prison term comes from the law that defines each offense. | Up to $10,000 if the offense law sets no maximum | Wyo. Stat. § 6-10-1021 |
Misdemeanor classes in Wyoming
| Class | Jail | Fine | The law |
|---|---|---|---|
| Misdemeanor (default penalty) | Up to 6 monthsThis applies only when the offense law sets no different penalty. Many offenses do, such as theft under $1,000 (up to 1 year and $1,500). | Up to $750 | Wyo. Stat. § 6-10-1031 |
Good to know
Wyoming has no classes of felonies or misdemeanors. The law that creates each crime states its own prison term, jail term and fine.1
The felony line is the possible sentence, not the offense name. A crime with a maximum of one year in jail, such as theft under $1,000, is a misdemeanor, while one with more than one year in prison is a felony.1
A person convicted of a violent felony who has two earlier felony convictions faces 10 to 50 years in prison as an habitual criminal. With three or more earlier convictions for offenses committed after age 18, the sentence is life.1
When theft is a felony in Wyoming
In Wyoming, theft of property worth $1,000 or more is a felony with up to 10 years in prison and a fine of up to $10,000. Below $1,000 it is a misdemeanor. Theft of a firearm or certain livestock is a felony at any value, and so is a third theft conviction.1
Wyo. Stat. § 6-3-402(c), (j) · Felony theft amounts in every state
DUI in Wyoming
Wyoming's law covers driving or having control of a vehicle while under the influence of alcohol or a controlled substance, or with an alcohol concentration of 0.08% or more. It is commonly called DUI.
- Repeat offenses
- A fourth or later DUI conviction within 10 years is a felony, punishable by up to 7 years in prison and a fine of up to $10,000. A first, second or third DUI is a misdemeanor with up to 6 months in jail.
- Which past offenses count
- 10 years. A second, third or fourth DUI counts as such only if it results in a conviction within 10 years after an earlier DUI conviction, including a conviction under another jurisdiction's DUI law.
- Other felony versions
- Causing serious bodily injury in a DUI is punishable by up to 10 years in prison, or up to 20 years after an earlier conviction under that subsection. Aggravated homicide by vehicle while violating the DUI law carries up to 20 years in prison. A DUI with a child passenger under 16 becomes a felony on a second conviction under the child-passenger subsection (up to 5 years); a first such conviction carries up to 1 year.
Wyo. Stat. §§ 31-5-233(e), (h), (m); 6-2-106(b)2 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in Wyoming?
In Wyoming, a crime that can be punished by death or by imprisonment for more than one year is a felony. All other crimes are misdemeanors.
What is a misdemeanor (default penalty) in Wyoming?
In Wyoming, the jail range for a misdemeanor (default penalty) is up to 6 months, and the fine is up to $750. This applies only when the offense law sets no different penalty. Many offenses do, such as theft under $1,000 (up to 1 year and $1,500).
How much theft is a felony in Wyoming?
In Wyoming, theft of property worth $1,000 or more is a felony with up to 10 years in prison and a fine of up to $10,000. Below $1,000 it is a misdemeanor. Theft of a firearm or certain livestock is a felony at any value, and so is a third theft conviction.
Is a DUI a felony in Wyoming?
A fourth or later DUI conviction within 10 years is a felony, punishable by up to 7 years in prison and a fine of up to $10,000. A first, second or third DUI is a misdemeanor with up to 6 months in jail. Causing serious bodily injury in a DUI is punishable by up to 10 years in prison, or up to 20 years after an earlier conviction under that subsection. Aggravated homicide by vehicle while violating the DUI law carries up to 20 years in prison. A DUI with a child passenger under 16 becomes a felony on a second conviction under the child-passenger subsection (up to 5 years); a first such conviction carries up to 1 year.
These are the general ranges in Wyoming's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
Spot something out of date? Tell us at contact@secondchanceindex.com.
Cite this page
Second Chance Index, "Felony and misdemeanor classes in Wyoming" https://secondchanceindex.com/felony-classes/wyoming, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.