Felony Crimes & Sentences

Wisconsin Laws

A Felony is a criminal offense for which a convicted person may be sentenced to serve one or more years in a state or federal prison. The Court may also order fines, in addition to imprisonment, or instead of time in prison.

The major distinguishing differences between Felony crimes and Misdemeanor crimes are the length of the possible prison sentence, the fines and additional fees, and the impact on a person’s life beyond the conviction. Where Felony crimes can result in imprisonment for one or more years in a state or federal prison, Misdemeanor crimes can result in jail time of up to one (1) year. In states where the death penalty is available, only Felony convictions can result in death. Wisconsin does not have the death penalty. Criminal records with Misdemeanor convictions seem to prove less problematic than Felony convictions. Felony convictions affect a person’s civil liberties. While on Felony probation or parole (parole is now called ES, Extended Supervision), a defendant may not vote. After release from probation or parole, a convicted Felon may vote again. A Felony conviction results in permanent loss of the right to possess guns and ammunition unless pardoned by the Governor or President.

Repeater Enhancement Penalty

Defendants who have a prior Felony within ten years, or two Misdemeanors within ten years, are subject to repeater enhancement penalty and are exposed to two years additional prison as an enhanced penalty.

Consecutive Time vs. Concurrent Time

Consecutive time occurs when a judge orders that two sentences run one after the other. For example, a defendant who receives two years in prison on one Felony and two years in prison on a second Felony, will receive a sentence for four years imprisonment.

Concurrent time means that the time of incarceration runs at the same time. For example, a defendant sentenced to one year in prison on three Felony counts concurrently, will serve one year in prison.

Felony Classifications

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, Class I Felony, and Unclassified Felonies.

Sentencing Guidelines

U. S. Federal Courts have sentencing guidelines, which suggest the period of imprisonment and fine for each offense and cap imprisonment and fines with maximum amounts. Wisconsin Courts do not have sentencing guidelines.

Wisconsin Felony Penalties

CLASS a FELONY

For a Class A Felony, the penalty is imprisonment for life.

Examples of Class A Felony crimes are First Degree Homicide or 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.

Examples of Class B Felony crimes are Second Degree Homicide (aka Manslaughter), First Degree Reckless Homicide, Conspiracy, 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 by up to 2 years with prior misdemeanor convictions, and by up to 6 years with a prior Felony conviction.

Examples of Class C Felony crimes are Felony Drunk Driving (5th or higher offense), Kidnapping, Robbery, or Vehicular Homicide While Intoxicated.

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 by up to 2 years with prior misdemeanor convictions, and increase by up to 6 years with a prior Felony conviction.

Examples of Class D Felony crimes are Felony Drunk Driving, Felony Vehicular Homicide, Vehicular Homicide While Intoxicated, or First Degree Reckless Injury.

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.

Examples of Class E Felony crimes are Battery with Great Bodily Harm, Burglary, or 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 by up to 2 years with prior misdemeanor convictions, and by up to 6 years with a prior Felony conviction.

Examples of Class F Felony crimes are Burglary, Stalking, Theft, or Second-degree Reckless Injury.

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 by up to 2 years with prior Misdemeanor convictions, and by up to 6 years with a prior Felony conviction.

Examples of Class G Felony crimes are Negligent Homicide, Negligent Vehicular Homicide, Embezzlement, Theft, or Felon In Possession Of Firearm.

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 by up to 2 years with prior misdemeanor convictions, and by up to 6 years with a prior Felony conviction.

Examples of Class H Felony crimes are Battery with Great Bodily Harm, False Imprisonment, Stalking, and 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 by up to 2 years with prior misdemeanor convictions, and by up to 6 years with a prior Felony conviction.

Examples of Class I Felony crimes are Embezzlement, Battery with Substantial Bodily Harm, Stalking, and Theft Over $2,500, or Theft With Special Circumstances.

UNCLASSIFIED FELONIES

An Unclassified Felony is a Felony that carries odd amounts of incarceration.

For example, hit and run statutes have been amended to be Felonies, in some instances, even though the period of incarceration is less than one year.

PROBATION

Probation is supervision by a Wisconsin Department of Corrections Probation Officer. Probation affects your life. Your probation officer is a master of your life for the length of probation. When you are on probation, you and your home are subject to searches without a warrant. You may be restricted from traveling. Your PO can limit with whom you associate and you may be required to attend classes. You may have a curfew. You may even be restricted from attending social functions.

AT COURT DISCRETION

A Court may order probation for the length of initial incarceration. Courts may also order a laundry list of ‘conditions’ or ‘rules’ the convicted person must adhere to while on probation, including community service and other requirements.

Civil Liberties

A felony conviction affects the person's civil liberties - such as the right to vote or carry a firearm - and can affect the person's ability to obtain some employment and some licenses.

The Right To Vote

Does a convicted felon have a right to vote

A person who has been convicted of a Felony offense in Wisconsin or any other state in the United States of America is stripped of certain liberties, one of which is the right to vote. A convicted Felon cannot vote in Wisconsin until he or she has completed the entire sentence imposed for the Felony conviction, so long as no other sentence is outstanding for any other Felony convictions, or their right to vote has not otherwise been prohibited.

The Right to Bear Arms

Does a convicted Felon have a right to bear arms (carry a firearm)

No. A convicted Felon is FOREVER barred from possessing a firearm. It is, in fact, a Felony offense for a convicted Felon to possess a firearm under both Wisconsin State Laws and U. S. Federal laws. (See Felon in possession of a firearm.) A convicted Felon may apply to the Governor in the State for a pardon to reinstate their gun privileges.

Does a convicted Felon have a right to hunt with a gun

No. A convicted Felon cannot hunt with a gun.

Does a convicted Felon have a right to hunt in a group (group hunting)

No. A convicted Felon cannot group hunt because under Wisconsin hunting regulations every member of a group hunting party must have both a valid hunting license AND a rifle in his (or her) possession. 

Does a convicted Felon have a right to hunt with a bow and arrow

Yes. Wisconsin laws do not prohibit a convicted Felon from possessing a bow and arrow or crossbow after they are released from probation or parole (ES - Extended Supervision).

Jury Duty

Can a convicted felon serve on a jury

Under Wisconsin laws, a convicted Felon cannot serve on a jury until such time that he or she has completed the sentence imposed for the Felony conviction and any period of probation or parole (Extended Supervision, also known as ES). That is not to say that a convicted Felon will serve jury duty. Potential jurors are randomly selected; many selection processes use a common database, such as the driver's license database; therefore, if the Felony conviction resulted in revocation of a driver’s license, then even the potential random selection would exclude them.

Call Rudolph Today for a Consultation

If you are facing Felony charges, Misdemeanor charges or other criminal or traffic charges, time is very important. Call 920-730-8533 today to speak with Attorney Rudolph regarding your criminal case.