Wisconsin Misdemeanor Classes and Penalties
The below is intended for informational use only and does not constitute legal advice or an attorney relationship. If you are facing a criminal charge in Wisconsin, please contact a defense lawyer for a free consultation.
What is a Misdemeanor?
Simply put, a misdemeanor charge in Wisconsin is any criminal offense not punishable by a sentence in a state prison. Some misdemeanors may result in county or local jail incarceration, usually for a term shorter than one year, as well as hefty fines. Depending on the nature of the misdemeanor, additional penalties may be imposed.
Unlike with most felony offenses, individuals convicted of a misdemeanor offense may retain most of their rights, including serving on a jury and voting. However, depending upon the circumstances and the nature/number of charges, a misdemeanor can result in a loss of 2nd Amendment firearm rights for life and loss of a concealed carry license, along with various other conditions.
Misdemeanors vs Felonies: Find out the difference.
Misdemeanor Classifications
For the purpose of determining penalties and sentencing, there are three classes of misdemeanors in Wisconsin, as well as some additional misdemeanors which are unclassified. The penalties for each of the misdemeanor classes may be increased for repeat offenders.
Learn more about the penalties and classes of other Wisconsin criminal violations such as felonies and forfeitures.
| Offense | Sentence |
|---|---|
| Class A Misdemeanor | Class A Misdemeanors in Wisconsin are the most serious and are punishable by up to 9 months in jail and/or a $10,000 fine. (Wis. Stat. § 939.51) |
| Class B Misdemeanor | Class B Misdemeanors in Wisconsin are punishable by up to 90 days in jail and/or a $1,000 fine. (Wis. Stat. § 939.51) |
| Class C Misdemeanor | Class C Misdemeanors in Wisconsin are punishable by up to 30 days in jail and/or a $500 fine. (Wis. Stat. § 939.51) |
| Unclassified Misdemeanors | Many misdemeanors in Wisconsin are not technically classified, such as Operating a Motor Vehicle While Intoxicated (aka: drunk driving or OWI). See more information on drunk driving penalties. If the statute does not specify a penalty, the fine will be no higher than $500 and the jail term no longer than 30 days. |
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List of Wisconsin Misdemeanors
There are hundreds of Wisconsin misdemeanor offenses, some applying to a single statute and others applying to a range of statutes. Some fit into a class, but many are unclassified and have their own penalties. Here are just a few Wisconsin misdemeanors:
• Theft of property worth less than $2,500
• Resisting or obstructing an officer
• Mistreating animals
• Hazing
• Prostitution
• Solicitation
• Battery or assault
• Hit and run NOT involving great bodily harm
• DUI with a minor in the car
• Intoxicated boating
• Domestic violence
• Disorderly conduct
• Indecent exposure
• Telephonic harassment
• Minor gambling crimes, such as conducting a lottery or possessing gambling devices
• Trespassing
• Vandalism
• Minor in possession of alcohol
• Facilitating underage drinking
• Vagrancy
• Contributing to the truancy of a child
• Making fraudulent employee benefit claims
• Deer hunting violations
• Various food regulation violations
Misdemeanor Expungement
Often people with juvenile records may petition to have their criminal conviction expunged, or erased, from public record. Expungement provides the opportunity to apply for jobs and licenses without worrying about past convictions.
In order to be eligible for expungement, the individual and his or her circumstances must meet certain requirements:
• Individual was under 21 years old at the time of the crime
• Conviction was no greater than a misdemeanor
• Sentence was fully completed
• All probationary time was served
• All fines were paid in full
• Individual will benefit from the expungement
• Individual has not been convicted of any other criminal offense since the crime up for expungement
• Society as a whole will not be harmed by the granting of the expungement
Although misdemeanor expungement is possible, it is not guaranteed. Wisconsin law does not require the court to grant an expungement when one is requested. Contact our Milwaukee criminal defense lawyers to find out how to petition for a clean record.
Statute of Limitations for Wisconsin Misdemeanors
The statute of limitations for a crime is a time limit for prosecution. This time limit begins when the crime is committed, and after the time limit is up, the state can no longer begin criminal prosecution. In Wisconsin, the statute of limitations for most misdemeanors is 3 years.
Wisconsin Criminal Defense Lawyers Provide Top-Rated Defense for Misdemeanors
If you or a loved one has been accused of a misdemeanor, don’t wait to seek legal advice. A misdemeanor can have a lasting negative effect on your life. Whether you’re facing a DUI in Milwaukee or got caught trespassing in Racine, our Waukesha law firm is here to offer help. Our misdemeanor defense lawyers provide the best possible defenses throughout Southeast Wisconsin. Our reasonable rates and flexible payment plans make it possible for anyone to afford our Milwaukee lawyers. Schedule your free legal advice consultation today for more information on misdemeanors, your legal options, and expungement of past misdemeanor convictions.
You are only guilty if you are convicted. ™
Contact our Milwaukee criminal defense attorneys for a FREE legal advice consultation.
By: Attorney Tom Grieve on 03/06/2020
Tom Grieve is a former prosecutor who now runs a successful Wisconsin criminal defense law firm with offices in Milwaukee, Waukesha and Madison. If are facing new charges initial phone consultations are free: contact online or call 262-786-7100.
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