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A second, third, or fourth drunk driving offense is a misdemeanor with mandatory jail time.

Attorney Tracey Wood appeals 3rd OWI conviction; reversed on appeal to a first offense drunk driving (not a crime).

Chris Van Wagner reminds students, "Even a misdemeanor can affect a person's life."

 
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Misdemeanor Charges

A misdemeanor is a criminal charge. Misdemeanor offenses are a lessor offense than a felony, but they are not without penalties, some of which can have very devastating effects on a person's life including the inability to obtain certain jobs, qualify for bonding, or receive governmental aid such as school loans.

Under Wisconsin law, misdemeanors are classified according to their severity. Each misdemeanor classification provides recommendations for jail sentences and forfeitures (fines). A person convicted of a misdemeanor can be incarcerated into a county or local jail, ordered to pay a fine, or both. If a person is a repeat offender, the punishment is more severe. Additional penalties may also apply.

MISDEMEANOR CLASSIFICATIONS

Wisconsin’s misdemeanor classifications include: Class A misdemeanor, Class B misdemeanor, and Class C misdemeanor.

Class A Misdemeanor

The penalty for a Class A misdemeanor may include a fine up to $10,000, or imprisonment for up to 9 months, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years.

Class B Misdemeanor

The penalty for a Class B misdemeanor may include a fine up to $1,000, or imprisonment for up to 90 days, or both; however, for a repeat offender, the term of imprisonment increase up to 2 years.

Class C Misdemeanor

The penalty for a Class C misdemeanor may include a fine up to $500, or imprisonment for up to 30 days, or both; however, for a repeat offender, the term of imprisonment increase up to 2 years.

Misdemeanor Imprisonment

Both felonies and misdemeanors are criminal charges, but with one major distinction: imprisonment.

A person convicted of a felony will be imprisoned in a state (or federal) prison. Conversely, a person convicted of a misdemeanor is almost always imprisoned in a local or county jail.

Misdemeanor Jail Time

Typically, a misdemeanor penalty will include a recommendation for jail time in a county or local jail not to exceed the period of one year. However, a person convicted of a misdemeanor can be sentenced to jail for a period of more than one year. Additionally, a court can and often will impose a jail sentence and provide for an additional period of time of probation.

Probation & Additional Penalties

In addition to the above penalties, a court can order a person to serve a term of probation for up to two years, or order an entire list of “conditions” or rules that one 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, but being married to someone you did not pick, you do not like, and yet you cannot divorce.”

If you are considering settling for an offer of probation, please call (608-284-1200 or 1-866-2624599) or email ( ) the attorneys at Van Wagner & Wood to discuss your options with knowledgeable criminal defense lawyers before accepting the conditions.

Successful Criminal Defense

If you are under investigation for a crime or drunk driving offense, if you are considering settling for a plea bargain or a 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 determining your best defense.

Related Topics:
Felony | Criminal Charges | Trial Proceedings
Attorney Chris Van Wagner | Attorney Tracey Wood | Firm Overview
Misdemeanor Crimes

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