What are the penalties for a felony in Wisconsin?

Felony penalties in Wisconsin range from 0–3 years for the lowest class to life imprisonment for the most serious. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

Does Wisconsin have a speedy trial requirement?

Yes. Wisconsin requires trial within 90 days under certain conditions. Wis. Stat. § 971.10: in misdemeanor actions, trial must commence within 60 days of the defendant's initial appearance. In felony cases, trial must commence within 90 days after any party demands trial in writing or on the record; the demand may not be made until after the information or indictment is filed. Courts may grant ends-of-justice continuances, but not for general calendar congestion. A defendant not tried within these limits must be discharged from custody, though bond obligations and release conditions continue until modified or removed.

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year). Misdemeanors carry county jail time (up to 1 year) [§ 939.51]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Wisconsin Criminal Defense Guide — Charges & Process

Q: Can I get my criminal record expunged in Wisconsin?

Yes, for eligible offenses [§ 973.015]. Waiting periods: Completion of sentence required; court sets expungement at sentencing for eligible offenses. Wisconsin expungement is very limited. Under [§ 973.015], courts may order expungement at sentencing only for offenses committed before age 25 carrying a maximum penalty under 6 years, and only if defendant successfully completes the sentence. Legislature has considered but not yet enacted broader reform.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Wisconsin.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Wisconsin Criminal Process — Step by Step Your Rights in an Wisconsin Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Wisconsin classifies criminal offenses

Wisconsin divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class A felony: varies to life - Class B felony: 0–60 years - Class C felony: 0–40 years, up to $100,000 fine - Class D felony: 0–25 years, up to $100,000 fine - Class E felony: 0–15 years, up to $50,000 fine - Class F felony: 0–12 years, up to $25,000 fine - Class G felony: 0–10 years, up to $25,000 fine - Class H felony: 0–6 years, up to $10,000 fine - Class I felony: 0–3 years, up to $10,000 fine

Misdemeanor classifications §939.51

Class A misdemeanor: up to 9 months, $10,000 fine - Class B misdemeanor: up to 3 months, $1,000 fine - Class C misdemeanor: up to 1 months, $500 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines, Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §939.51	State prison (1 year or more)
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §973.015	Fewer offenses eligible §973.015

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §968.07. Officers may arrest without a warrant for felonies on probable cause and for misdemeanors committed in their presence. Wis. Stat. § 968.07 governs warrantless arrest. Domestic abuse mandatory arrest authorized under § 968.075. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Under Wis. Stat. § 969.01 and Wisconsin Constitution Art. I, § 8, defendants before conviction are generally eligible for release under reasonable conditions designed to assure appearance in court, protect the community from serious harm, and prevent intimidation of witnesses. Exceptions include pretrial detention under § 969.035 and § 971.14(1r). Monetary bail may be imposed only on a finding that it is necessary to assure appearance. For an accused violent crime, it may also be imposed on a finding that it is necessary based on the totality of the circumstances. Bail imposed only to assure appearance is limited to the amount necessary for that purpose, and bail may not be excessive. Wisconsin truth-in-sentencing (1998) eliminated parole; court imposes bifurcated sentence of initial confinement and extended supervision. Nolo contendere pleas permitted under Wis. Stat. § 971.06. §969.01 et seq.

Arraignment

The court formally presents charges, and the defendant enters a plea. Nolo contendere (no contest) pleas are permitted.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §973.09 et seq., fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Wisconsin has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §967.06. Wisconsin State Public Defender (SPD) provides statewide defense. SPD represents indigent clients in trial, appellate, and post-conviction proceedings. Private bar appointments supplement SPD capacity.
Right to a speedy trial — Wisconsin provides a specific speedy trial deadline: 90 days. Wis. Stat. § 971.10: in misdemeanor actions, trial must commence within 60 days of the defendant's initial appearance. In felony cases, trial must commence within 90 days after any party demands trial in writing or on the record; the demand may not be made until after the information or indictment is filed. Courts may grant ends-of-justice continuances, but not for general calendar congestion. A defendant not tried within these limits must be discharged from custody, though bond obligations and release conditions continue until modified or removed.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Wisconsin: Misdemeanor: up to 1 year (up to 2 years for certain offenses, such as those involving a firearm, domestic abuse, or ch. 948); Felony: up to the maximum term of confinement for the crime or 3 years, whichever is greater §973.09 et seq..

⚠Wisconsin has a habitual offender law §939.62. Repeat offender enhancement (§939.62): if maximum term is less than 2 years, enhances to 2 years; if 2–10 years, enhances to 10 years; if over 10 years, enhances to life. Prior felony conviction required. Court has discretion to invoke.

Clearing your record

Wisconsin does allow certain criminal records to be sealed or expunged §973.015. Waiting periods: Completion of sentence required; court sets expungement at sentencing for eligible offenses. Wisconsin expungement is very limited. Under §973.015, courts may order expungement at sentencing only for offenses committed before age 25 carrying a maximum penalty under 6 years, and only if defendant successfully completes the sentence. Legislature has considered but not yet enacted broader reform.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount. Marijuana possession: Marijuana possession is generally a lesser offense than distribution, but penalties depend on the circumstances and prior record — confirm with a lawyer..

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §940.19 et seq.. Domestic violence offenses carry additional consequences including protective orders §968.075 et seq..

Theft and property crimes

Classification depends on the value of property taken §943.20. Felony threshold: Over $2,500 (Class I felony if value exceeds $2,500 but does not exceed $5,000, §943.20(3)(bf)).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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