A Class H felony in Wisconsin is punishable by up to 6 years in state prison, a maximum fine of $10,000, or both imprisonment and a fine. Class H felonies include OWI with minor, 4th offense OWI, and 200 grams to 1 kg possession of marijuana with intent to sell (Wis. Stat. § 939.50.).
Class H Felony in Wisconsin Sentencing & Penalties
If you’re facing a Class H felony charge in Wisconsin, whether for battery, drunk driving, drug possession, or a weapons violation, there is one thing you should remember: your charges can be dropped. With an aggressive and capable defense attorney behind you, your felony charges don’t have to become convictions. You are only guilty if you are convicted.™
A Class H in Wisconsin is punishable by up to 6 years in state prison, a maximum fine of $10,000, or both imprisonment and a fine. Class H felonies are one of the most numerous classes of offense in Wisconsin. (Wis. Stat. § 939.50.)
Even after you’ve paid the fines and served the time, a felony conviction can continue to impact your life: it can never be expunged from your criminal record, and you may have some civil rights restricted, such as voting, crossing national borders, and holding certain types of employment. A class H felony is less severe compared to a Class A, B, or C, but it is still a serious and lasting event.
Wisconsin has a well-organized system to classify felonies, misdemeanors, and other violations. Learn more about Wisconsin criminal penalties and defenses and what your charges really mean.
Types of Class H Felony
Grieve Law fights several types of Class H felony convictions. Many of our clients faced Class H felony charges such as:
- Aggravated battery causing great bodily harm
- Strangulation and suffocation
- Theft of property worth $5,000-$10,000 or of a firearm or domestic animal.
- Theft of property of any worth from another’s person, from a corpse, or from a building destroyed or unoccupied due to physical disaster, riot, bombing, or proximity to a battle
- Arson with the intent to defraud
- Destruction of power lines, power service equipment, or other property critical to electricity distribution
- 4th OWI
- Wisconsin OWI with minor under the age of 16 in the vehicle (What about OWI while under 21 years old?)
- Second OWI causing an injury
- Possession of machine guns, silencers, and short-barreled rifles or shotguns
- Possessing a Weaponized Drone
- Possessing, making, or selling Molotov cocktails
- Possession of armor-piercing bullets during the commission of a crime
- Pointing a firearm at medical responders, firefighters, or police officers
- Possession of Schedule IV or Schedule I, II, or III non-narcotic drugs with the intent to sell them
- Possession of 200 g. to 1 kg. of marijuana with intent to sell it
- False Imprisonment
- Felony Bail Jumping
Grieve Law has fought for Wisconsin defendants and won time and again. Unlike Fee to Plea™ lawyers who talk you into surrendering your rights in plea deals, Grieve Law prepares powerful, strategic defenses that win cases. If you’ve been accused of a Class H felony in Wisconsin, you are only guilty if you are convicted.™ Call Grieve Law today for a free consultation.
Defenses for a Class H Felony in Wisconsin
The most important thing to do when facing a felony charge is to know the system. This often means having an attorney who can coach you through your initial appearance and make sure you know all of your options. Any criminal trial is a nerve-wracking experience, but you should never assume that whatever the prosecution offers you is your only way out.
Grieve Law always creates defenses to give you the best chance of winning at court. For Class H felonies, we’ll often begin by investigating if the prosecution has probable cause to accuse you of a felony during the preliminary hearing. Without probable cause, they cannot advance your case to trial. Grieve will analyze the police and court records to determine if your rights were violated during the arrest or pre-trial booking process. If a mistake was made before trial, a motion hearing can be called to dismiss the charges. These are tactics Grieve might use with other felony and misdemeanor violations as well.
For gun possession charges, Grieve Law will look at the nuanced interaction between the 2nd Amendment and Wisconsin machine gun laws. Tom Grieve himself is a lifetime NRA member and avid gun owner and instructor, with an intricate knowledge of gun statutes. No other law firm in Milwaukee has the knowledge to defend your constitutional rights like Grieve Law.
For drug charges, Grieve Law will carefully review your arrest, the search, and any statements you made to police officers. If your rights were violated during any of these events, it might make the prosecutor’s evidence inadmissible in court. Grieve will also look for evidence of entrapment, which also prevents the state from charging you with drug possession.
Some class H felonies, particularly battery, are more serious examples of charges also tried as misdemeanors. Grieve Law can work to reduce felony charges to misdemeanors. If you are not charged with any felonies, you cannot have your civil rights restricted and won’t serve time in state prison. Misdemeanors can also be erased from your criminal record through the expungement process.
Grieve Law: Keeping Innocent Wisconsin Free
If you or a loved one has been accused of a felony, don’t wait to seek legal advice. Grieve Law offers the highest quality, most affordable criminal law service in southeast Wisconsin. We offer flexible payment plans to make sure any Wisconsin citizen can get the legal counsel they deserve, and we offer free legal advice consultations to answer your questions and outline your options. If you need a defense attorney in the Milwaukee area, nobody has a better chance of getting your charges reduced or dropped than Tom Grieve. You are only guilty if you are convicted.™
How long does a Class H felony charge stay on your record in Wisconsin?
In Wisconsin, even one Class H felony can never be removed from your record. Several consequences will stick with you for life even if you live to be 100.
How to Reduce Penalties for a Class H Felony Charge
If you’ve been charged with a Class H felony in Wisconsin and you are unsure about what to do next, getting a knowledgeable, experienced criminal defense team on your side is the best place to start.
You want an award-winning criminal defense attorney like Tom Grieve. He is a well-respected lawyer in both public and in legal circles for his strong and strategic defenses. If you want to do your best to avoid having a felony conviction on your permanent record, Tom can help.
When you’re unsure of what to do, you can count on Tom’s ability to find the best strategy to fight against your charges. He has been ranked as one of America’s top criminal defense attornies by Newsweek. If you want the best chance to get your charges dropped or reduced, you want an expert lawyer like Tom Grieve on your side.
What are the levels of felonies in Wisconsin?
Felonies are classified from Class A (being the worst) with the possibility of lifetime in prison to a Class I felony, which comes with a maximum penalty of 3.5 years in prison and a $10,000 fine.
What are first degree felonies in Wisconsin?
First degree felonies do not exist in Wisconsin. Class A felonies in Wisconsin are the most serious. Conviction on a Class A felony involves lifetime in prison without the possibility of parole. These types of offenses include first degree intentional homicide or 1st degree sexual assault of a child causing great bodily harm.
What is a Class 1 felony in Wisconsin?
Class 1 felonies do not exist in Wisconsin. Class A felonies in Wisconsin are the most serious. Conviction on a Class A felony involves lifetime in prison without the possibility of parole. These types of offenses include first degree intentional homicide or 1st degree sexual assault of a child causing great bodily harm.
"Can you get a felony off your record in Wisconsin? "
You may be able to get misdemeanor offenses or Class H and I felonies expunged if you were under the age of 25 at the time of the offense and the judge made you eligible at the time of sentencing. Criminal convictions do not fall off your record in Wisconsin, even if expunged.
How bad is a Class H felony?
Class H felony is a less serious felony, however it is still a felony. The maximum penalties include 6 years' prison and $10,000 fine.