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. 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. A person can be sentenced to death for a felony conviction in states where the death penalty exists; Wisconsin does not have the death penalty.

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

Both Wisconsin circuit courts and U.S. federal courts 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 |
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 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 |
Vehicular Homicide While Intoxicated | 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 - Civil Effects Beyond Criminal effects

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 employment and licenses.

The Right To Vote

Does a convicted felon have a right to vote?

A convicted felon does not possess the right to vote until such time that he or she has completed the sentence imposed for the felony conviction, so long as no other sentence (or sentences) is outstanding for other felony convictions, or the 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)?

A convicted felon is forever prohibited from carrying a firearm. It is a felony offense for a convicted felon to possess a firearm under both Wisconsin state and Federal laws. (Note that Wisconsin law extends to "other weapons" - see Felon Possess Firearm). A convicted felon cannot hunt with a gun. A convicted felon also cannot group gun hunt because under Wisconsin hinting regulations every member of a group gun-hunting party must have both a valid hunting license AND a rifle in his (or her) possession. 

Jury Duty

Can a convicted felon serve on a jury?

A convicted felon cannot serve on a jury until such time that he or she has completed the sentence imposed for the felony conviction, so long as no other sentence (or sentences) is outstanding for other felony convictions or other factors do not exist to prevent jury duty. 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 that person's driver's license (see felony drunk driving), then even the potential random selection would exclude convicted felons whose driving privileges had been revoked.

EXPERIENCED CRIMINAL DEFENSE LAWYERS

If you are under criminal investigation for a felony offense or felony drunk driving, if you are considering selling out quickly on a plea bargain with years of probation, whether you have been arrested and charged, or already convicted and believe your sentence or conviction 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. Attorney Christopher Van Wagner and Attorney Tracey Wood stand ready to defend you; they will give you a free but professional "first-impression" analysis of your case and your situation so that you can make the important decisions in preparing your defense. For advice you can trust, contact Van Wagner & Wood. You can also send case information to the attorneys for a reply via email, phone, fax or snail mail: criminal case :: OWI drunk driving case.