Misdemeanor, felony or civil forfeiture?
Wisconsin defines a felony as a crime punishable by imprisonment in state prison. Other crimes are misdemeanors. A civil forfeiture is a monetary penalty for a noncriminal violation. Statutes define the classification level of an offense.
Some offenses are unclassified: their statutes specify penalties instead of assigning a letter class. A label such as “unclassified” does not mean that the matter is minor.
Sources: Wis. Stat. §§ 939.12 and 939.60.
Wisconsin misdemeanor penalties
These are the standard maximum penalties for classified misdemeanors. A court may impose a fine, incarceration, or both.
| Class | Maximum incarceration | Maximum fine |
|---|---|---|
| Class A | 9 months | $10,000 |
| Class B | 90 days | $1,000 |
| Class C | 30 days | $500 |
Source: Wis. Stat. § 939.51. Enhancements and offense-specific provisions can change the applicable penalty.
Wisconsin felony penalties
Class A is the most serious felony class; Class I is the least serious classified felony. The following chart sets out the maximum total sentence and the maximum initial prison confinement portion.
On your cell phone? Swipe the chart to see all columns.
| Class | Maximum total imprisonment sentence | Maximum initial prison confinement | Maximum fine |
|---|---|---|---|
| Class A | Life imprisonment | Life-sentence rules | Not specified in § 939.50 |
| Class B | 60 years | 40 years | Not specified in § 939.50 |
| Class C | 40 years | 25 years | $100,000 |
| Class D | 25 years | 15 years | $100,000 |
| Class E | 15 years | 10 years | $50,000 |
| Class F | 12 years, 6 months | 7 years, 6 months | $25,000 |
| Class G | 10 years | 5 years | $25,000 |
| Class H | 6 years | 3 years | $10,000 |
| Class I | 3 years, 6 months | 1 year, 6 months | $10,000 |
Sources: Wis. Stat. §§ 939.50 and 973.01. Standard limits before enhancements; Class A follows separate life-sentence rules. “Not specified” means the classification statute does not list a fine, rather than a guarantee that no financial obligation can apply.
Prison, extended supervision and probation
For a typical modern Wisconsin prison sentence subject to § 973.01, the judge sets an initial confinement term followed by extended supervision in the community. The combined terms make up the total sentence. Life sentences follow separate rules.
For example, the standard Class H maximum is six years total, with up to three years of initial prison confinement. Extended supervision carries conditions, and violations can lead to a return to prison.
Probation is a different form of community supervision. Ask counsel whether probation is available, whether jail could be a condition of probation, and how any proposed sentence would work.
A maximum penalty is only part of the picture
The charts show statutory limits for a single count under the standard classification rules. They do not predict the sentence in your case.
- Penalty enhancers can increase exposure, including some repeat-offender provisions.
- Some offenses carry mandatory minimums or have their own penalty rules.
- Multiple counts can raise questions about concurrent or consecutive sentences.
- Restitution, court costs and surcharges are separate from the listed fine maximum.
- The law applicable to the alleged offense date may matter.
Ask counsel to explain the complete exposure and any proposed resolution before making a decision.
Read your paperwork: charges, counts and conditions
Find the offense name, statute number, class and any enhancer on the complaint. A count is an individual allegation. A filed charge is an accusation; the court has not decided guilt merely because a prosecutor filed it.
Keep the complaint, hearing notices and release paperwork together. Note the next court date and ask counsel to explain each release condition, including any no-contact restriction. Ask about a change through the court rather than assuming an informal agreement changes an order.
See the court-process guide for an overview of hearing stages.
Common criminal court terms
- Complaint
- A charging document that describes the alleged offense and supporting facts.
- Arraignment
- A hearing at which the defendant enters a plea to the charges.
- Preliminary hearing
- A felony proceeding about whether the case has sufficient support to proceed, rather than a trial deciding guilt.
- Discovery
- The process through which the parties obtain and exchange case information under applicable rules.
- Plea agreement
- An agreement with the prosecution about resolving charges. Ask counsel what the judge must or may do and which terms bind whom.
- Restitution
- A court-ordered payment tied to compensable losses from an offense, distinct from a fine.
Criminal records and expungement
Discuss the possible effects of a conviction on work, housing, licensing, firearm rights, immigration status and other parts of your life. The consequences depend on the offense and your circumstances.
Wisconsin’s ordinary expungement provision has eligibility limits. It generally concerns offenses committed before age 25 with a maximum imprisonment term of six years or less, subject to exclusions. The court ordinarily must authorize expungement at sentencing, and the person must successfully complete the sentence. Separate statutory provisions may apply in particular situations.
Ask about eligibility before sentencing. Expungement does not require every agency to destroy its records. A pardon, expungement and the information displayed in a public court search involve different rules.
Source: Wis. Stat. § 973.015, including its annotations. This overview does not determine individual eligibility.
Questions to bring to your consultation
- What class and penalty provisions apply to each count?
- Are any enhancements or mandatory minimums alleged?
- How do initial confinement and extended supervision affect my exposure?
- What do my release conditions require?
- Which consequences need review before a plea or sentencing?
- What evidence or records should I preserve for counsel?
Use the consultation checklist to prepare. You can also read questions to ask before hiring a lawyer.
Source notes for this general guide: