According to Wisconsin law, a felony is a crime whose punishment could result in a jail term of one year or longer. Crimes within this category are assigned sentences within the Wisconsin State Prison System rather than in a county jail.
Within the broad category of felonies, crimes are further divided into a series of nine classes delineated by alphabetical titles, A through I.
Class B felonies represent the second most severe punishments given in Wisconsin, with a sentence of up to 60 years in state prison.
Read More: Wisconsin Felony Classes: A Quick Guide
What is a Class B Felony in Wisconsin?
Class B felonies are punishable by up to 60 years in state prison (or a combination of prison time and “extended supervision”), and are the second most severe offenses in Wisconsin (Wis. Stat. § 939.50).
Being convicted of a Class B felony in Wisconsin can result in the loss of certain rights, including:
- The Right to Vote
- The Right to Own or Carry a Gun
- The Right to Serve a Government Office
Examples of Class D Felonies Stangl Law Can Defend in Court
- 2nd Degree Intentional Homicide
- 1st Degree Reckless Homicide
- Aggravated Arson
Contact an experienced criminal defense attorney to discuss the specific charges you face.
Defenses for a Class B Felony in Wisconsin
While every case is unique and should be handled as such, it's important to understand that an experienced criminal defense attorney should first and foremost help you fully and clearly understand the charges in front of you and assure you that anything offered by the prosecution is not your only option.
Skilled criminal defense attorneys will often begin by thoroughly investigating the underlying details of the case itself and whether or not prosecutors have probable cause to accuse you of a felony during a preliminary hearing. This involves analyzing police and court records to determine if your rights were violated at any point.
If a procedural violation or other mistake was made before trial, a motion hearing can be called to dismiss the charges against you.
A skilled attorney will take the time to review all the details of your arrest, searches made by law enforcement, and statements made. If, at any point, your rights were violated, it may render the prosecution's evidence inadmissible in court. Other possible angles of attack include examining for evidence of entrapment (which can prevent many drug-related charges from moving forward in court), or in situations where certain behaviors can also be charged as a misdemeanor, attempting to reduce the charges to a lesser charge, thereby protecting your civil rights from restriction and avoiding prison time.
Again, these are just some of the many possible options an experienced criminal defense attorney will consider in your case, whether it's a Class B felony or any other type of offense.
FAQs About Class B Felonies in Wisconsin
What is a Class B felony in Wisconsin? A Class B felony in Wisconsin is a severe criminal offense that can include crimes like first-degree intentional homicide, second-degree sexual assault, armed robbery, and other violent or dangerous acts. These felonies are punishable by long prison sentences and significant fines.
What is the maximum penalty for a Class B felony in Wisconsin? The maximum penalty for a Class B felony is 60 years of imprisonment, which can include a combination of confinement and extended supervision. Typically, the sentence can be broken down into a period of initial confinement followed by extended supervision after release from prison.
Is there a possibility of parole for someone convicted of a Class B felony? Wisconsin abolished parole in 2000, meaning offenders sentenced after that time are not eligible for traditional parole. However, individuals serving time for Class B felonies may still qualify for extended supervision after completing the confinement portion of their sentence.
Can a Class B felony charge be reduced in Wisconsin? Some Class B felonies in Wisconsin carry mandatory minimum sentences, meaning the court must impose at least the minimum term of imprisonment. For example, certain sexual assault crimes involving minors or violent offenses may come with mandatory minimum prison terms.
What are the long-term consequences of a Class B felony conviction? A Class B felony conviction can result in serious long-term consequences, including:
- A permanent criminal record
- Loss of the right to vote while serving a sentence
- Loss of the right to possess firearms
- Difficulty securing employment or housing
- Possible deportation for non-U.S. citizens
Can a Class B felony conviction be expunged in Wisconsin? Generally, expungement of felony convictions is very limited in Wisconsin and typically only applies to certain offenses committed by individuals under the age of 25, and for crimes that are less severe than Class B felonies. It is highly unlikely that a Class B felony can be expunged.
How does sentencing work for a Class B felony in Wisconsin? Sentencing for a Class B felony involves a court hearing where the judge considers various factors, including:
- The severity of the crime
- The defendant’s criminal history
- Victim impact statements
- Mitigating and aggravating circumstances
The judge then imposes a sentence that could involve up to 60 years of imprisonment, often divided into initial confinement and extended supervision.
How do Class B felonies differ from Class C felonies in Wisconsin? The main difference between a Class B and a Class C felony is the severity of the punishment. A Class B felony can result in up to 60 years in prison, while a Class C felony has a maximum penalty of 40 years of imprisonment. Class B felonies are generally reserved for more violent or dangerous crimes.
What to Do if You’ve Been Charged with a Class B Felony in Wisconsin
If you or a loved one has been charged with any crime that may potentially be considered a Class B felony, do not wait to seek legal advice. Contact us and schedule a consultation right now.
At Stangl Law Offices, Patrick J. Stangl listens carefully to your side of the incident and works with you to build a defense that could potentially result in either an acquittal, a reduction to a lesser charge, or, in some cases, the dropping of charges. No matter what your situation, being accused of a crime is unsettling, contact us for a free 10-minute consultation.
Two Felony Success Stories from Stangl Law, S.C.
State of Wisconsin v. J.H.
The client had a search warrant executed on her house, where several marijuana plants were discovered as a result of the search. She was charged with a drug felony and her husband was charged with manufacturing THC. In defending her case Attorney Stangl believed that there were false statements made in the affidavit portion of the complaint for search warrant and further contended that the warrant itself lacked probable cause to be issued in the first place due to misstatements made in the affidavit and that the informant who provided the information was not reliable. Indeed, the information was based on allegations from an individual who had approximately ten prior criminal convictions, was a known drug user, and had existing charges for obstructing justice. Moreover, some of the information provided by this individual was not confirmed. Attorney Stangl brought several motions to have the search warrant and all of the evidence tossed out. The motions were set for a hearing and late in the morning before the afternoon hearing he received a call from the District Attorney to discuss his pending motions. The State believed there was more than a reasonable chance that the motions to suppress would be granted. The case was successfully resolved, and his client was not convicted of any drug felony.
Andy's Story - Child Abuse
The defendant was charged with felony child abuse for an alleged fight that occurred with his stepson. At the probable cause or preliminary hearing on the felony charge Attorney Stangl was able to get the case dismissed. While this in and of itself was a remarkable result, Attorney Stangl fully expected that the State would eventually recharge him with the same offense. Approximately eight months later his client was recharged with the same felony child abuse charge. Attorney Stangl was eventually able to get the second case dismissed as well. His client, who denied battering the problematic child was extremely pleased and relieved to have the matter finally resolved.
Free 10 Minute Consultation
If you are charged with any crime that may be considered a Class D felony, having a good defense attorney on your side is invaluable. At Stangl Law Offices, our attorney, Patrick J. Stangl, listens carefully to your side of the incident and works with you to build a defense that could potentially result in either an acquittal, a reduction to a lesser charge, or, in some cases, the dropping of charges. No matter what your situation, being accused of a crime is unsettling, contact us for a free 10 minute consultation.
Stangl Law Offices, S.C.