Milwaukee Criminal Defense Attorney: Felony & Misdemeanor Charges in Wisconsin
Who is the best Milwaukee criminal defense attorney? Of course, in Wisconsin, the best criminal lawyers listen, communicate frequently, and give each client an informed voice throughout the case. Therefore, our law firm represents clients in exactly this way.
Indeed, our lawyers represent clients in a wide variety of serious felony, misdemeanor & DUI offenses in Milwaukee and anywhere in Wisconsin. Specifically, we approach every case with a commitment to provide the best legal representation to every client facing Wisconsin criminal charges. Therefore, we advocate zealously on your behalf. We fight for you, whether you’re guilty or innocent, whether you want a trial or the best plea negotiations. Without a doubt, our Milwaukee criminal defense attorney seeks the best outcome for you. Similarly, we find creative sentencing options to reduce the penalty if you are found guilty of any offense in Wisconsin. In summary, we make sure you get the most lenient sentence the judge will give you.
Our Lawyers Find the Best Defenses to Criminal Charges in Wisconsin to Reduce Exposure to Criminal Penalties
In 1998 Wisconsin lawmakers decided to abolish parole and indeterminate sentencing for criminal offenses. Therefore, lawmakers created what “truth in sentencing” in Wisconsin. Historically, judges pronounced sentences but parole boards and institutional criteria determined how long someone spent in custody. Now, however, the judge sentences the person to exactly how long they will serve in custody in Wisconsin. Similarly, the judge’s sentence includes exactly how long someone will spend on supervision for any criminal case. Of course, the current Wisconsin criminal sentencing statutes haven’t worked as a straight-forward sentencing system after all. However, your Milwaukee criminal defense attorney will clearly explain the possible consequences of your criminal charges. Whether you face charges with a felony, misdemeanor, or traffic offense in Milwaukee, or Wisconsin, we inform you of all possibilities.
Wisconsin criminal law attorneys – understanding Wisconsin sentencing for criminal offenses
- We inform our clients about Wisconsin criminal sentencing laws, penalty enhancers, truth in sentencing & applicable Wisconsin sentencing guidelines when charged with Misdemeanor or felony offenses in Milwaukee or anywhere in Wisconsin
- Free Initial Consultations with Wisconsin Criminal Defense Lawyers
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FAQ – about criminal sentencing laws in Wisconsin:
1) If I am charged with a felony in Wisconsin, what is the possible sentence?
A) What is the penalty for a class A felony?
B) What is the penalty for a class B felony?
C) What is the penalty for a class C felony?
D) What is the penalty for a class D felony?
E) What is the penalty for a class F felony?
F) What is the penalty for a class H felony?
G) What is the penalty for a class I felony?
H) What is the penalty for an unclassified felony in Wisconsin?
2) What is the penalty for a Wisconsin misdemeanor?
3) What is the penalty for an attempted crime in Wisconsin?
4) What are the penalties for drunk driving in Wisconsin?
5) What penalty enhancers are there in Wisconsin?
A) What is the penalty for being a habitual criminal?
B) What is the penalty for being classified as a persistent offender?
C) What is the penalty for repeat offenses of domestic violence?
D) What is the penalty enhancer for weapons offenses in Wisconsin?
E) What is the penalty enhancer for committing a crime in a school zone?
F) What is the hate crime penalty enhancer?
6) What are the penalty enhancers for repeat drug offenses?
7) Who must register as a sex offender?
8) What crimes subject you to lifetime sex offender supervision?
9) Are there minimum sentences that are mandatory for some crimes in Wisconsin?
10) What crimes carry a presumptive minimum sentence in Wisconsin?
11) What crimes are subject to Wisconsin sentencing guidelines?
Wisconsin statutes 939.50; Criminal penalties for felony crimes by classification
The maximum penalty for a conviction of a Class A Felony Offense in Wisconsin:
- Imprisonment: Life;
- Initial Confinement: Life
The maximum penalty for a conviction of a Class B Felony Offense in Wisconsin:
- Imprisonment: 60 years* (there is an increased penalty for 2nd offense of 1st-degree sexual assault)
- Initial Confinement: 40 years in prison
- Extended Supervision: 20 years
the maximum penalty for a conviction of a Class C Felony Offense in Wisconsin:
- Imprisonment: 40 years
- Initial Confinement: 25 years in prison
- Extended Supervision: 15 years
- Fine: $100,000
The maximum penalty for a conviction of Class D Felony Offense in Wisconsin:
- Imprisonment: 25 years
- Initial Confinement: 15 years in prison
- Extended Supervision: 10 years
- Fine: $100,000
The maximum penalty for a conviction Class E Felony Offense in Wisconsin:
- Imprisonment: 15 years
- Initial Confinement: 10 years in prison
- Extended Supervision: 5 years
- Fine: $50,000
The maximum penalty for a conviction of a Class F Felony Offense in Wisconsin:
- Imprisonment: 12 1/2 years
- Initial Confinement: 7 1/2 years in prison
- Extended Supervision: 5 years
- Fine: $25,000
The maximum penalty for a conviction of a Class G Felony Offense in Wisconsin:
- Imprisonment: 10 years
- Initial Confinement: 5 years in prison
- Extended Supervision: 5 years
- Fine: $25,000
The maximum penalty for a conviction of a Class H Felony Offense in Wisconsin:
- Imprisonment: 6 years
- Initial Confinement: 3 years in prison
- Extended Supervision: 3 years
- Fine: $10,000
The maximum penalty for a conviction of a Class I Felony Offense in Wisconsin:
- Imprisonment: 3 1/2 years
- Initial Confinement: 1 1/2 years in prison
- Extended Supervision: 2 years
- Fine: $10,000
The maximum penalty for a conviction of an Unclassified Felony Offense in Wisconsin:
- Initial Confinement: 75% of the total length of the bifurcated sentence
- Extended Supervision: 25% of the total length of the bifurcated sentence
Hence, if you face Wisconsin felony charges, please call a Milwaukee criminal defense attorney to learn how we can protect you.
Wisconsin Statutes § 939.51: Criminal Penalties for Misdemeanor Crimes by Classification
The maximum penalty for a conviction of a Class A Misdemeanor Offenses in Wisconsin:
- Imprisonment: 9 months in jail
- Fine: $10,000
The maximum penalty for a conviction of a Class B Misdemeanor Offenses in Wisconsin:
- Imprisonment: 90 days in jail
- Fine: $1,000
The maximum penalty for a conviction of a Class C Misdemeanor Offenses in Wisconsin:
- Imprisonment: 30 days in jail
- Fine: $500
Wisconsin Statutes § 939.32(3): Penalties for Attempted Crimes
What is the penalty for an attempted crime? Generally speaking, the penalty for an attempted crime in Wisconsin is half the penalty of a completed crime. However, the penalty for an attempted class A felony is a maximum of 60 years imprisonment (40 years in initial confinement and 20 years of extended supervision). Of course, defending a charge for an attempted crime takes skill. However, we have a Milwaukee criminal defense attorney with experience defending charges of attempted crimes.
Wisconsin Statutes § 346.65: Penalties for drunk driving crimes
What is the penalty for DUI? Specifically, the penalty for a conviction for a drunk driving offense in Wisconsin depends on several things. For example, factors include:
- the number of prior offenses
- the recency of any prior convictions
- blood alcohol concentration (BAC) at the time of the offense
- ages of passengers in the vehicle
- whether there was an injury
For more complete information on Wisconsin drunk driving laws and penalties, also visit our Wisconsin Drunk Driving Defense page. Indeed, a Milwaukee DUI and criminal defense attorney at our firm stands ready to defend you.
Wisconsin increased penalty enhancers
Habitual Criminality Enhancers / Repeat Offenders:
Who is considered a repeat offender? Repeat offenders are anyone convicted of a felony charge or 3 misdemeanor charges (on 3 separate occasions) in the 5 years before the commission of the crime for which the person is being sentenced, excluding time spent in custody serving a sentence, and those offenses remain of record. Specifically, according to Wisconsin Statutes § 939.62(1), upon conviction as a “repeater,” the maximum term of imprisonment prescribed by law for that crime may be increased as follows below (subject to certain exceptions): a maximum term of imprisonment of
- one year or less may be increased to not more than 2 years.
- more than one year but not more than 10 years may be increased by
- not more than 2 years if the prior convictions were for misdemeanors
- not more than 4 years if the prior conviction was for a felony.
- more than 10 years may be increased by
- not more than 2 years if the prior convictions were for misdemeanors
- not more than 6 years if the prior conviction was for a felony.
Habitual Criminality Enhancers / Persistent Repeaters:
Who is a persistent repeater? Specifically, certain people with 2 prior serious felony convictions or 1 prior conviction for a serious child sex offense are defined as persistent repeaters. According to Wisconsin Statutes § 939.62(2m)(b), upon conviction as a persistent repeater, the term of imprisonment for the felony for which the persistent repeater is presently being sentenced under ch. 973 is life imprisonment without the possibility of parole or extended supervision. Therefore, if you face charges as a persistent repeater, it is imperative you call a Milwaukee criminal defense attorney right away.
Enhancers for Domestic Abuse Repeater Offenses:
Who is a domestic abuse repeater? In particular, domestic abuse repeater means someone who
- commits a criminal act of domestic abuse during the 72 hours immediately following an arrest for a domestic abuse incident, regardless of whether the 72 hour no-contact order was waived; or
- in general, someone convicted of a felony charge or misdemeanor offenses, on 2 separate occasions during the 10-year period before the time of the current offense, and those offenses remain on record.
If a domestic abuse repeater commits a crime of domestic violence under Wisconsin Statutes § 968.075 (1) (a), the maximum term of imprisonment for that crime may be increased by not more than 2 years. Specifically, this penalty increase changes the status of a misdemeanor to a felony.
Enhancers for Use of a Dangerous Weapon in the Commission of a Crime:
According to Wisconsin Statutes § 939.63, generally, if someone commits a crime while possessing, using or threatening to use a dangerous weapon unless the possession, use or threat is an essential element of the crime charged, the maximum term of imprisonment for the crime may be increased as follows:
- Misdemeanor charges: the maximum term of imprisonment may be increased by up to 6 months.
- Felony offenses for which the maximum term of imprisonment is > 5 years: the maximum term of imprisonment may be increased by up to 5 years.
- Felony charges for which the maximum term of imprisonment is 2 – 5 years: the maximum term of imprisonment may be increased by up to 4 years.
- Felonies for which the maximum term of imprisonment is < 2 years: the maximum term of imprisonment may be increased by up to 3 years.
Enhancers for Commission of Violent Crime in a School Zone:
According to Wisconsin Statutes § 939.632, someone who commits any felony under certain Wisconsin Statutes may be subject to this sentencing enhancer. The enhancer applies to crimes under the following sections of Wisconsin law:
- 940.01
- 940.02
- 940.03
- 940.05
- 940.09 (1c)
- 940.19 (2), (4) or (5)
- 940.21
- 940.225 (1), (2) or (3)
- 940.235
- 940.305
- 940.31
- 941.20
- 941.21
- 943.02
- 943.06
- 943.10 (2)
- 943.23 (1g)
- 943.32 (2)
- 948.02 (1) or (2)
- 948.025
- 948.03 (2) (a) or (c)
- 948.05
- 948.051
- 948.055
- 948.07
- 948.08
- 948.085
- 948.30 (2)
- 940.302 (2) if section 940.302 (2) (a) 1. b applies
- solicitation to commit a Class A felony under Wisconsin Statutes § 939.30 – 939.32
- any misdemeanor under Wisconsin Statutes
- 940.19 (1)
- 940.225 (3m)
- 940.32 (2)
- 940.42
- 940.44
- 941.20 (1)
- 941.23
- 941.235
- 941.24
- 941.38 (3)
What is the penalty enhancer? Someone convicted with a penalty enhancer for the commission of a violent crime in a school zone is subject to the following additional penalties. Specifically, the person may be required to complete 100 hours of community service. Additionally, the maximum term of imprisonment is increased as follows:
- If the violent crime is a felony, the maximum term of imprisonment is increased by 5 years.
- If the violent crime is a misdemeanor, the maximum term of imprisonment is increased by 3 months and the place of imprisonment is the county jail.
Enhancers for Hate Crimes:
What is a hate crime? According to Wisconsin Statutes § 939.645, subject to certain exceptions when the biased conduct is an element of the crime charged, anyone who
- commits a crime under Wisconsin Statutes § 939 to 948
- intentionally selects the victim of the crime in whole or in part due to the accused’s belief or perception (regardless of whether the belief or perception is correct) regarding the
- race
- religion
- color
- disability
- sexual orientation
- national origin
- or ancestry of the victim
What is the penalty for a hate crime in Wisconsin? The penalty enhancer depends on the type of crime charged. If the charged crime is
- ordinarily a Class B or C misdemeanor: the maximum fine is $10,000 and maximum imprisonment becomes 1 year in the county jail.
- ordinarily a Class A misdemeanor: the crime become a felony with a maximum fine of $10,000 and imprisonment of up to 2 years.
- a felony: the maximum fine may be increased by not more than $5,000 and the maximum term of imprisonment may be increased by up to 5 years.
Enhancers for Controlled Substances Offenses:
According to Wisconsin Statute § 961.48, the maximum term of imprisonment may be increased for anyone who commits a second or subsequent felony narcotics crime in Wisconsin:
- If the crime is a class C or D felony the maximum term of imprisonment may be increased by up to 6 years.
- If the crime is a class E, F, G, H or I felony the maximum term of imprisonment may be increased by up to 4 years.
Further, the penalties for certain controlled substances offenses may be increased by 5 years of imprisonment if the drug crime is alleged to have occurred
- in a public housing project, or
- within 1,000 feet of any
- school or school bus,
- public park or swimming pool,
- youth or community center,
- jail, or correctional facility.
This is according to Wisconsin Statutes § 961.49 and 961.495.
Wisconsin Sex Offender Registration and Lifetime Supervision
Sex Offender Registration
Registration as a sex offender is required for anyone who meets the following criteria:
- placed on lifetime supervision or
- convicted, found delinquent, or found not guilty by reason of mental disease or defect of a violation, or the solicitation, conspiracy, or attempt to commit a violation, of any of the following Wisconsin Statutes:
- 940.22 (2)
- 940.225 (1), (2) or (3)
- 944.06
- 948.02 (1) or (2)
- 948.025
- 948.05
- 948.051
- 948.055
- 948.06
- 948.07 (1) to (4)
- 948.075
- 948.08
- 948.085
- 948.095
- 948.11 (2) (a) or (am)
- 948.12
- 948.13
- 948.30
- 940.302 (2) if section 940.302 (2) (a) 1. b. applies
- 940.30 or 940.31 if the victim was a minor and the person who committed the violation was not the victim’s parent.
The above is according to Wisconsin Statutes § 301.45, generally, subject to certain exceptions. Of course, a Milwaukee, Wisconsin criminal defense attorney can determine if there is an exception for you!
Lifetime Supervision for Sex Crimes:
When anyone is convicted of a “serious sex offense” (or found not guilty of a serious sex offense by reason of mental disease or defect) the court may place the person on lifetime supervision. Specifically, lifetime supervision begins at the conclusion of any period of incarceration, supervision, probation or commitment. In particular, the judge can place someone convicted of a serious sex offense on lifetime supervision if the judge decides that lifetime supervision is necessary to protect the public, subject to certain exceptions.
What crimes specifically are considered serious sex offenses? Violations, or solicitation, conspiracy, or attempt to commit a violation, of the following Wisconsin Statutes are generally considered serious sex offenses:
- 940.22 (2)
- 940.225 (1), (2), or (3)
- 948.02 (1) or (2)
- 948.025 (1)
- 948.05 (1) or (1m)
- 948.051
- 948.055 (1)
- 948.06
- 948.07
- 948.075
- 948.08
- 948.085
- 948.11 (2) (a)
- 948.12
- 948.13
- 940.302 (2) if s. 940.302 (2) (a) 1. b. applies
- Additionally, any other violations, or the solicitation, conspiracy or attempt to commit a violation, under Wisconsin Statutes chapters 940, 943, 944 or 948 is considered a “serious sex offense” if the judge determines that the violation was for the purpose of the actor’s sexual arousal or gratification.
Wisconsin Mandatory Sentencing Provisions:
Mandatory Minimum Sentences for Certain Offenses
- Child Sex Offenses: The judge must order a sentence of at least 5 or 25 years of initial confinement in prison for certain sex crimes committed by offenders who have reached the age of e at least age 18, depending on the offense.
- Repeat Serious Sex Offenses in violation of Wisconsin Statutes § 940.225(1) or (2) (First or Second Degree Sexual Assault): The court generally must impose a sentence of at least 3 1/2 years. Further, the judge generally may not order probation. However, if the offender has a prior conviction in any jurisdiction for First Degree Sexual Assault (or a similar offense) and a conviction results from another offense of First Degree Sexual Assault, then the maximum term of imprisonment is life imprisonment without the possibility of extended supervision.
- Repeat Serious Violent Crime in violation of Wisconsin Statutes § 940.03 or 940.05 (Felony Murder or 2nd-degree Intentional Homicide: generally, the judge must impose a sentence of at least 3 1/2 years. Furthermore, the judge may not order probation.
Presumptive Minimum Sentences for Certain Offenses
Child Sex Offenses: For certain sex crimes committed by offenders of at least age 18, the judge must order a sentence of at least 3 or at least 5 years of initial confinement in prison, depending on the offense. This provision also applies if the offender is no more than 48 months older than the victim. However, the judge maintains discretion to impose a sentence less than the mandatory minimum. The judge can order a sentence of less than the mandatory minimum if the judge finds that the best interests of the community will be served and the public will not be harmed. Similarly, the judge also has the discretion to order probation.
Use of Criminal Sentencing Guidelines in Wisconsin
Courts must consider the Wisconsin sentencing guidelines when sentencing someone for certain crimes. However, judges are not required to follow the guideline. Sentencing guidelines apply to any of the following offenses:
- Robbery contrary to Wisconsin Statutes § 943.32(1)(a),(b);
- Armed Robbery contrary to Wisconsin Statutes § 943.32(2);
- Burglary contrary to Wisconsin Statutes § 943.10(1m)(a),(b),(c),(d),(e),(f);
- Theft (>$10,000) Wis. Stat. §943.20 (1)(a),(b),(c),(d),(e);
- Forgery/Uttering contrary to Wisconsin Statutes § 943.38(1)(a),(b),(c),(d) and § 943.38(2);
- Possession with Intent to Deliver Cocaine (1g or less) contrary to Wisconsin Statutes § 961.41(1)(cm);
- Possession with Intent to Deliver THC (200g-1000g) contrary to Wisconsin Statutes § 961.41(1m)(h);
- First Degree Sexual Assault contrary to Wisconsin Statutes § 940.225(1)(a),(b),(c);
- Second Degree Sexual Assault contrary to Wisconsin Statutes § 940.225(2)(a),(b),(c),(cm),(d),(f),(g),(h),(i);
- First Degree Sexual Assault of a Child contrary to Wisconsin Statutes § 948.02(1);
- Second Degree Sexual Assault of a Child contrary to Wisconsin Statutes § 948.02(2).
In conclusion, contact us for more information about a state or federal Milwaukee criminal defense attorney . Also, visit our informative Wisconsin criminal lawyer resources page.