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When people hear "felony," they often think of very serious crimes. But in Wisconsin, the state has nine different levels of felonies. These range from Class A (the most serious) to Class I (the least serious).
A Class A felony can mean life in prison. A Class I felony might only mean a fine of up to $10,000 and up to 3½ years in prison. Where your charge falls makes a big difference in what happens next.
In this guide, I cover everything you need to know about Class H felonies in Wisconsin. If you or a loved one is facing a felony, don't leave this guide before contacting Stangl Law for a free consultation. That should always be your next step. We’ll advise you on everything you’re facing—and that knowledge can make all the difference in the outcome of your case.
What is a felony in Wisconsin?
Wisconsin has two main types of crimes: felonies and misdemeanors.
A felony is any crime that can be punished by more than one year in prison. Misdemeanors carry less than one year and are not served in the Wisconsin State Prison System.
The nine felony classes (A, B, C, D, E, F, G, H, and I) are ranked by how serious they are, from most serious to least serious.
What Is a Class H Felony in Wisconsin?
A Class H felony is the second-least serious type of felony in Wisconsin. It carries:
- Prison time: Up to 6 years
- Fines: Up to $10,000
- Or both
Even though Class H felonies are on the less severe end, they are still serious charges that require strong legal representation to protect your rights and future.
Is There a Minimum Sentence for a Wisconsin Class H Felony?
Most Class H felonies in Wisconsin do not have mandatory minimum sentences. This means judges can use their judgment when deciding your punishment. They will look at:
- How serious your specific offense was
- Your past criminal history
- Factors that make the crime worse (aggravating factors)
- Factors that make the crime less serious (mitigating factors)
- Special circumstances in your case
This flexibility means that with the right defense, you might avoid prison time entirely through probation or alternative sentencing.
Repeat Offender Penalties
If you have prior convictions, your sentence can be longer:
- Prior misdemeanor convictions: Up to 2 years longer
- Prior felony convictions: Up to 6 years longer
This is why it's critical to fight every charge, even if it seems minor at the time.
Common Types of Class H Felonies
Stangl Law has experience defending clients against these Class H felony charges:
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Specific Offense |
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Drunk Driving Related |
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Violence and Threats |
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Property Crimes |
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Drug Crimes |
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Weapons Charges |
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Other Charges |
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Class H Felony Examples & Defense Strategies
Powerful Defense Strategies for Class H Felonies
Every case is different, but here are proven defense strategies that can lead to dismissal, acquittal, or reduced charges:
Insufficient EvidenceIf the prosecution can't prove guilt beyond a reasonable doubt, your case should be dismissed. We challenge weak, unreliable, or insufficient evidence. |
Mistaken Identity or False AccusationWe may be able to argue you were wrongly identified through:
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Constitutional Rights ViolationsIf police violated your rights, any evidence they gathered might be thrown out. This includes:
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Lack of IntentMany Class H felonies require proving you meant to commit the crime. If we can show you acted accidentally or without intent, charges may be reduced or dismissed. |
Police or Prosecutor MistakesLaw enforcement and prosecutors make mistakes that can help your case:
Any of these problems could lead to evidence being suppressed or your case being dismissed. |
The Consequences of a Felony Conviction in Wisconsin
A felony conviction has serious consequences that go far beyond jail time and fines. When you're convicted of a felony, you lose several important civil rights. You will no longer be able to possess firearms or hunt with guns. Your right to vote is taken away during your sentence and probation period. You also lose the ability to serve on a jury or hold certain public offices.
The impact on your daily life can be devastating. Finding employment becomes much harder because most employers run background checks and may refuse to hire people with felony records. Housing is also difficult to secure, as many landlords will reject rental applications from people with criminal records.
If you have children, a felony conviction may affect your custody and visitation rights. Any future criminal charges will result in harsher sentences because of your felony record. For non-citizens, a felony conviction can lead to deportation, separating you from your family and life in the United States.
Sentencing Alternatives for First-Time Offenders
Judges have several options besides prison for Class H felonies, especially for first-time, non-violent offenders:
- Probation: Supervision instead of jail time
- Deferred prosecution: Complete certain requirements and charges may be dropped
- Treatment programs: For drug or alcohol-related offenses
- Community service
- House arrest with electronic monitoring
Frequently Asked Questions
Can I appeal a Class H felony conviction in Wisconsin? Yes, but you only have 20 days after sentencing to file a "notice of intent to seek post-conviction relief." What happens next depends on the type of appeal you file. If you have new evidence to present, your case will go back to the trial court. If you believe your constitutional rights were violated during the original proceedings, your case can go directly to the Court of Appeals.
Can my Class H felony be reduced to a lesser charge in Wisconsin? Yes, there are several ways this can happen. Before your trial begins, your lawyer can negotiate with prosecutors to reduce the charges. During the trial itself, your attorney can request that the jury consider "lesser included offenses," which means they could convict you of a less serious crime instead. You might also enter into plea bargaining, where you agree to plead guilty to a lesser charge in exchange for the more serious charges being dropped.
Is probation possible for Class H felonies in Wisconsin? Yes, probation is definitely possible for Class H felony convictions. Your chances of getting probation are much better if your offense was non-violent, you have no prior criminal record, there are mitigating circumstances in your case, and you show willingness to get help or make positive changes in your life.
Can I get early parole? Parole may be possible, but it depends entirely on your specific case circumstances, your behavior while in prison, and the nature of your original crime.
Will a Class H felony conviction lead to deportation? Possibly. Whether you face deportation depends on several factors, including how long you've lived in the United States, your current visa and immigration status, and the specific type of crime you were convicted of. Certain crimes lead to deportation more often than others, including drug charges, controlled substance charges, aggravated crimes, domestic violence, and crimes of moral turpitude (which are crimes that violate basic community moral standards).
What's the difference between a felony and misdemeanor in Wisconsin? In Wisconsin, the difference is based on the possible sentence length. Misdemeanors carry a possible sentence of less than one year, while felonies carry a possible sentence of one year or more.
How do prior convictions affect my sentence? Prior convictions can significantly increase your sentence length. If you have previous misdemeanor convictions, your sentence can be up to two years longer. If you have prior felony convictions, your sentence can be up to six years longer than it would be for a first-time offender.
What to Do if You're Charged with a Class H Felony
If you or a loved one faces Class H felony charges, don't wait to get help. Here's what you should do:
- Exercise your right to remain silent - Don't talk to police without a lawyer
- Contact an experienced criminal defense attorney immediately
- Don't discuss your case with anyone except your lawyer
- Gather any evidence that might help your defense
- Follow all court orders and bail conditions
Remember: being charged is not the same as being guilty. With the right defense strategy, many Class H felony cases result in dismissal, acquittal, or significant charge reduction.
Why Choose Stangl Law for Your Class H Felony Defense
At Stangl Law Offices, Attorney Patrick J. Stangl understands that being accused of a crime is frightening and overwhelming. We listen carefully to your side of the story and work with you to build a strong defense that could result in:
- Complete acquittal
- Charges being dropped
- Reduction to lesser charges
- Alternative sentencing like probation
No matter your situation, you deserve experienced legal representation that fights for your rights and your future.
Free 10-Minute Consultation
If you are charged with any crime that may potentially be considered a Class H felony, having a good defense attorney on your side is invaluable. At Stangl Law Offices, 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, 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.