Wisconsin Felony: Laws, Penalties, Sentencing, and Records

In Wisconsin, a felony is a serious offense that carries a sentence of more than a year in state prison. They are the most serious crimes under Wisconsin law, which have lifelong repercussions such as jail time, hefty fines, rights limitations, and permanent criminal records. Class A is the most serious of nine classifications (Class A through Class I) into which Wisconsin categorizes felonies.

What Is Considered a Felony in Wisconsin?

The Wisconsin Statutes (Chapters 939–948 – Crimes and Sentencing) define felonies in the state. Typical felonies in Wisconsin include:

• Violent Crimes: These crimes include murder, manslaughter, aggravated assault, rape, robbery, and kidnapping.
• Drug Crimes: These include trafficking, manufacturing, and distribution of controlled substances.
• Property Crimes: Property crimes include arson, burglary, auto theft, and theft of property valued at $2,500 or more.
• White-Collar Crimes: These include financial fraud, embezzlement, forgery, securities violations, and identity theft.
• Weapons Offenses: Weapons offenses include possession of a firearm, unlawful firearm sales, and armed criminal conduct.

Certain misdemeanors escalate to felonies depending on severity. For example:

• Theft under $2,500 is considered a misdemeanor; above that threshold, it becomes a felony.
• Assault becomes felony aggravated battery if it causes significant bodily harm or involves a weapon.

What Is a Felony in Wisconsin?

According to Wisconsin law, a felony is any offense that carries a jail sentence. Misdemeanors carry shorter jail sentences in the county.

Consequences of a felony conviction in Wisconsin include:

• Prison sentences ranging from 1 year to life.
• Fines up to $100,000.
• Loss of rights, including firearm ownership, jury service, and voting, while incarcerated.
• Permanent criminal record, which impacts jobs, housing, and professional licensing.

Felony Classes and Penalties in Wisconsin

Wisconsin categorizes felonies into nine classes (A–I).

Wisconsin Felony Classes

• Class A Felony
  • These felonies include first-degree intentional homicide.
  • Penalty: Individuals who are convicted of a Class A felony can receive life imprisonment.
• Class B Felony
  • These include first-degree reckless homicide, armed robbery, and certain sexual assaults.
  • Penalty: People convicted can get up to 60 years in prison.
• Class C Felony
  • These include aggravated assault, kidnapping, and large-scale drug trafficking.
  • Penalty: If convicted, individuals can get up to 40 years in prison and a fine of up to $100,000.
• Class D Felony
  • Class D felonies include manslaughter, arson, and certain financial crimes.
  • Penalty: Individuals convicted of this crime can get up to 25 years in prison and a fine of up to $100,000.
• Class E Felony
  • This class of felonies includes burglary, fraud, and some mid-level drug crimes.
  • Penalty: Perpetrators can get up to 15 years in prison and a fine of up to $50,000.
• Class F Felony
  • These include aggravated battery and certain thefts.
  • Penalty: Convicted individuals may face up to 12.5 years in prison and a fine of up to $25,000.
• Class G Felony
  • Class G felonies include forgery, mid-level fraud, and lower-level assaults.
  • Penalty: If found guilty, individuals can get up to 10 years in prison and a fine of up to $25,000.
• Class H Felony
  • These include drug possession with intent and property theft between $5,000 and $10,000.
  • Penalty: Individuals who are convicted of a Class H felony can get up to 6 years in prison and a fine of up to $10,000.
• Class I Felony
  • The least severe felony category. Includes low-level thefts and drug possession.
  • Penalty: Perpetrators can get up to 3.5 years in prison and a fine of up to $10,000.

Felony Sentencing Guidelines in Wisconsin

Wisconsin follows statutory sentencing ranges, judicial discretion, and sentencing guidelines under Truth-in-Sentencing laws.

Key Sentencing Factors

1. Felony Class: These crimes typically attract maximum penalties.
2. Mandatory Minimums: Some crimes, such as repeat violent felonies and firearm-related crimes, impose mandatory minimum terms.
3. Aggravating Factors: Aggravating factors can lengthen a defendant’s sentence beyond what is expected. These factors may include crimes against children or elderly victims, use of weapons, and repeat offender status.
4. Mitigating Factors: These are factors that help a defendant get a sentence less than expected. These include having a first-time offender status, cooperating with law enforcement, or having rehabilitation potential.
5. Habitual Criminality Enhancements (Wis. Stat. § 939.62): Repeat offenders may receive extended prison terms.
6. Probation: Certain nonviolent lower-level felonies (H and I) may qualify for probation.
7. Parole and Extended Supervision: Wisconsin’s Truth-in-Sentencing law requires most offenders to serve the majority of their prison sentence, followed by extended community supervision.

For example, a Class C felony such as abduction carries a maximum sentence of 40 years, but if the perpetrator has a history of repeat offenses, the sentence may be prolonged.

Felony Laws and Procedures in Major Wisconsin Cities

Milwaukee (Milwaukee County)

One of the busiest courts in the state, the Milwaukee County Circuit Court, is where felonies are prosecuted in Milwaukee. Records are accessible via the Wisconsin Circuit Court Access(WCCA) system or the Milwaukee County Clerk of Courts.

Madison (Dane County)

TheDane County Circuit Court hears felony cases in Madison, and theft, drug offenses, and assaults are among the most frequent types of cases heard there. The Dane County Clerk's Office is the place to access records.

Green Bay (Brown County)

The Brown County Circuit Court handles felony prosecutions in Green Bay, including instances involving drugs, fraud, and burglaries. Records are available via statewide websites or the Brown County Clerk.

How to Search for Felony Records in Wisconsin

Wisconsin provides online and in-person access to felony records.

1. Wisconsin Circuit Court Access (WCCA)

The public can look for felony case information statewide by name or case number on the WCCA portal. Typically, records consist of:

• Case number and docket entries.
• Charges filed.
• Court location.
• Sentencing outcomes.

2. County Clerk of Circuit Court Offices

You can get certified felony records directly from the Clerk of Circuit Court in the county where the felony was prosecuted.

3. Wisconsin Department of Justice – Crime Information Bureau (CIB)

The Crime Information Bureau maintains official statewide criminal history reports. Fingerprint-based checks are required.

4. Local Police and Sheriff’s Departments

Records of arrests and incidents are kept by police and sheriff's offices. The Wisconsin Public Records Law allows for requests, although access can be limited while an inquiry is ongoing.

5. Third-Party Background Checks

Wisconsin felony record searches are also available from private companies. However, the most reliable sources are the Department of Justice (DOJ) and the Wisconsin Circuit Court Access (WCCA).

Open vs. Sealed Records

• Open Records: Most felony convictions remain public.
• Expungement: Wisconsin allows expungement of certain low-level felonies, usually for Class H or I, if the offender was under 25 at the time of conviction and successfully completed the sentence. However, most serious felonies cannot be expunged.

Why Understanding Felonies in Wisconsin Matters

In Wisconsin, a felony conviction carries significantly more serious repercussions than just jail time and penalties. They have an impact on housing access, employment prospects, and civil rights. Comprehending Wisconsin's felony rules, fines, and record access is crucial for individuals, employers, and organizations.

In Wisconsin, there are nine different categories of felonies (A–I), and the sentences for each class range from 3.5 years for Class I felonies to life in prison for Class A felonies. Statutory ranges, chronic offender enhancements, and Truth-in-Sentencing standards all serve as guidelines for sentencing.

The Department of Justice Crime Information Bureau, Clerk of Circuit Court offices, and the Wisconsin Circuit Court Access portal all provide limited expungement for some low-level offenses while maintaining transparency on felony records.