When a person hears the word "felony," many different ideas come to mind, and often the assumption is that they have committed or have been accused of a very severe crime.
But in Wisconsin, the state legislature has classified nine different classes of felonies, from Class A, the most serious to class I. Depending on what a defendant is convicted of, sentencing for these crimes can be as severe as life imprisonment for a Class A felony to a fine of up to $10,000 for a class I felony and/or up to 3 1/2 years in prison.
If you or someone you know is facing a Class I felony charge in Wisconsin, contact Stangl Law to request a free consultation immediately.
What is a Class I Felony in Wisconsin?
A Class I felony is the least severe classification of a felony offense in Wisconsin. However, all felonies are extremely serious matters that require assistance from an experienced criminal attorney.
What are the penalties for a Class I felony in Wisconsin?
According to Wis. Stat. § 939.50, a Class I felony is punishable by up to 3 ½ years in state prison, fines up to $10,000, or both imprisonment and a fine.
A felony conviction is a very serious matter and can affect your rights going forward, including:
- Voting rights
- The right to travel out of the country
- The right to own guns
- Holding some types of employment
- Obtaining housing and social benefits
- Parenting rights
Common Types of Class I Felonies in Wisconsin
- Aggravated battery causing substantial bodily harm
- Theft of property worth $2,500-$5,000
- Destruction of property worth more than $2,500 or certain types of property
- Maintaining a drug house
- Possession of Schedule V controlled substances with the intent to sell them
- Possession of 200 grams or less of marijuana with intent to sell it
- Second or subsequent possession of cocaine charge
- Second or subsequent possession of THC (marijuana) charge
- Arson of any property other than a building
- Threatening stalking
- Possession of child pornography
Defenses for a Class I 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 the path forward.
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 in the process.
If a procedural violation or another type of 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 within the context of your case.
A Few FAQs About Class I Felonies in Wisconsin
Should I hire a lawyer for a Class I felony? Yes. A Class I felony is a serious offense that can lead to imprisonment, fines, and a permanent criminal record. An experienced criminal defense lawyer can help reduce the charges, negotiate a plea deal, or present defenses to avoid conviction or minimize penalties.
Can a Class I felony conviction be reduced to a misdemeanor? In some cases, it’s possible to negotiate a plea agreement where a felony charge is reduced to a misdemeanor, depending on the circumstances of the case, the strength of the evidence, and the defendant’s criminal history. Your lawyer can advise whether this is a viable option. Contact us to get the conversation started now.
Will a Class I felony stay on my record forever? Yes, if convicted, a Class I felony will remain on your criminal record permanently, which is why contacting a lawyer now is critical. Wisconsin does not allow for the expungement of felonies for most adults after the age of 25, and the ability to clear a felony conviction from your record is limited. A lawyer can explain if you are eligible for expungement under certain conditions.
What should I expect if charged with a Class I felony? If you’re charged with a Class I felony, you will go through the court process, which may involve:
- Initial appearance: Where you will be formally charged.
- Pre-trial hearings: Where your lawyer may negotiate with the prosecution.
- Plea deal or trial: Depending on your defense strategy. A lawyer can guide you through the process and help protect your rights. Contact us now.
Can I avoid jail time for a Class I felony in Wisconsin? It’s possible, especially if it’s a first offense, or if the court sees mitigating circumstances. Alternatives like probation or deferred prosecution agreements (DPAs) may be available. Your lawyer can advocate for reduced or alternative sentencing depending on the specifics of your case.
What are the long-term consequences of a Class I felony conviction? A Class I felony conviction can have significant long-term consequences, including:
- A permanent criminal record, making it harder to find employment or housing.
- Loss of the right to vote while serving the sentence.
- Loss of the right to possess firearms.
- Difficulty in obtaining certain professional licenses.
A lawyer can help you understand these consequences and explore ways to mitigate them.
How does Wisconsin handle probation for Class I felonies? Probation is often an option for Class I felonies, especially for first-time offenders or non-violent crimes. Your lawyer may negotiate for a probation sentence instead of jail time, allowing you to avoid incarceration but still have to comply with court-ordered supervision.
Can I expunge a Class I felony in Wisconsin? Expungement of a Class I felony is possible under limited circumstances, usually for offenders who committed the crime under the age of 25 and received a sentence of no more than 6 years. The court must order expungement at the time of sentencing, so it's crucial to discuss this option with your lawyer during your case.
What should I do if I’ve been accused of a Class I felony? If you’ve been accused, you should:
- Hire a lawyer immediately to protect your rights and build your defense.
- Avoid making any statements to police without your lawyer present.
- Gather evidence and witnesses that may support your case. Your lawyer can guide you through the steps to take to ensure the best possible outcome.
Will a Class I felony affect my professional licenses? Yes, a conviction for a Class I felony can lead to the suspension or revocation of certain professional licenses, particularly in industries like healthcare, law, or finance. Your lawyer can help navigate how to handle this with licensing boards.
Next Steps
If you or a loved one has been charged with any crime that may potentially be considered a Class I felony, having a good defense attorney on your side is invaluable. 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 Defense Success Stories
Victory - 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
Victory - Matthew’s Dilemma
Matthew was arrested after he had an accident where he crashed into a decorative retaining wall in front of a closed business. He was initially arrested and cited for felony reckless endangerment as well as operating a vehicle while intoxicated. It was alleged that he "huffed" an inhalant and blacked out while driving. He immediately hired Attorney Stangl prior to being formally charged and the criminal charges were not pursued. He was then charged with an OWI 1st under the theory that he was under the influence of an inhalant. The matter was aggressively defended and many motions challenging the case were filed including a motion to suppress statements made by Matthew which were very damaging to his case. Ultimately, prior to trial, due to concerns with proving its case a resolution was reached and the City amended the OWI to a reckless driving and inattentive driving with the payment of two forfeitures-fines.
FREE 10-Minute Consultation
If you need help fighting felony charges in Madison or elsewhere in the state, Attorney Pat Stangl is happy to offer you a FREE 10-minute consultation to discuss your case and explore options for your defense. Click or tap the link below to get started.
Stangl Law Offices, S.C.