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Felony classifications

A felony is a criminal offense for which a convicted person can be sentenced to serve one or more years in a state or federal prison, pay fines or both, or sentenced to death. Felony crimes are distinguished from misdemeanor crimes by the possible sentence provided in the statute: if the possible prison sentence is one or more years, the offense is a felony, otherwise it is a misdemeanor.

Felony Classes

Wisconsin classifies its felony crimes (and misdemeanor crimes) according to the sentence allowable under the Statute. Felony classes include: Class A Felony, Class B Felony, Class C Felony, Class D Felony, Class E Felony, Class F Felony, Class G Felony, Class H Felony, or Class I Felony offenses.

The Wisconsin criminal code consists of all of the criminal laws of the state of Wisconsin, which are enumerated in the Wisconsin Statutes.

Sentencing Guidelines

Wisconsin circuit courts and U.S. federal courts both have sentencing guidelines, which suggest the period of imprisonment and fine for each offense. Courts can refer to those guidelines as standards, but they are not required to use those guidelines to impose a sentence upon a convicted person. In fact, most Wisconsin courts impose stricter sentences than provided in the guidelines.

Wisconsin felony Penalties

CLASS A FELONY

For a Class A Felony, the penalty is imprisonment for life; however, for a repeat offender, the term of imprisonment may increase up to 2 years if the person was previously convicted of one or more misdemeanors, and up to 6 years if the person was previously convicted for a felony.

First Degree Intentional Homicide | Felony Murder

CLASS B FELONY

For a Class B Felony, the penalty is imprisonment up to 60 years; however, for a repeat offender the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.

Second Degree Intentional Homicide (Manslaughter) | First Degree Reckless Homicide |
Conspiracy | First Degree Sexual Assault | Kidnapping |

CLASS C FELONY

For a Class C Felony, the penalty is a fine of up to $100,000, or imprisonment of up to 40 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.

Felony Drunk Driving (Fifth or subsequent offense) |
Second Degree Sexual Assault | Kidnapping | Arson | Robbery |

CLASS D FELONY

For a Class D Felony, the penalty is a fine of up to $100,000, or imprisonment of up to 25 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.

Felony Drunk Driving (Fifth or subsequent offense) | Felony Vehicular Homicide |
Child Enticement | Solicitation Of A Child |

CLASS E FELONY

For a Class E Felony, the penalty is a fine of up to $50,000, or imprisonment of up to 15 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.

Battery - Great Bodily Harm | Burglary | Robbery |

CLASS F FELONY

For a Class F Felony, the penalty is a fine of up to $25,000, or imprisonment of up to 12-1/2 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.

Failure To Act To Prevent Sexual Assault Of A Child |
Sexual Exploitation | Burglary | Stalking | Theft |

CLASS G FELONY

For a Class G Felony, the penalty is a fine of up to $25,000, or imprisonment of up to 10 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.

Negligent Homicide | Negligent Vehicular Homicide |
Embezzlement | Theft |

CLASS H FELONY

For a Class H Felony, the penalty is a fine of up to $10,000, or imprisonment of up to 6 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.

Embezzlement | Battery - Great Bodily Harm |
False Imprisonment | Stalking | Theft |

CLASS I FELONY

For a Class I Felony, the penalty is a fine of up to $10,000, or imprisonment of up to 3-1/2 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.

Child Pornography | Embezzlement | Battery - Substantial Bodily Harm |
Stalking | Theft |

SEX CRIMES

If the conviction is for a serious sex offender crime, the penalties may include additional sentences. See Sex Crimes.

First Degree Sexual Assault | Second Degree Sexual Assault |
Third Degree Sexual Assault | Fourth Degree Sexual Assault |

PROBATION AT COURT DISCRETION

A court can order a person to serve a term on probation for up to many years on any felony conviction. A court can also order an entire list of “conditions” or rules that the convicted person must abide while on probation. Probation should not be taken lightly by anyone. As Chris Van Wagner has often said, "Being on probation is like being married to someone you did not pick, you do not like, and yet you cannot divorce."

FELONY - More Than Criminal Effects

A person convicted of a felony cannot vote, serve on a jury, carry a firearm, or hold certain licenses or employment positions.

EXPERIENCED CRIMINAL DEFENSE LAWYERS

If you are under investigation for a crime or drunk driving offense, if you are considering settling for a plea bargain or an probation offer, if you have already been charged with a crime or drunk driving violation, or if you have already been convicted but believe your conviction or your sentence were wrong, please call (608-284-1200 or 1-866-262-4599) or e-mail ( ) the criminal defense lawyers at Van Wagner & Wood right away to discuss your options with knowledgeable criminal defense lawyers before accepting any offer. They will give you a brief but professional “first-impression” analysis of your case and your situation, which will allow you to take an important first step in defending the case against you.