If you have been charged with a felony in Wisconsin, imprisonment is a possibility, but not a certainty. The reality is that a felony conviction carries the possibility of prison time, but whether you will actually serve time behind bars depends on a number of factors, including the class of the felony, your criminal history, the specific circumstances of your case, and the strength of your legal defense.
The criminal defense attorneys Hogan Eickhoff believe that every person facing a felony charge deserves honest answers and an aggressive advocate. Contact us right away if you have been arrested or charged for a felony offense.
Wisconsin divides felony offenses into nine classes, labeled A through I. The earlier the letter in the alphabet, the more serious the offense and the harsher the potential penalty.
Class A felonies, which include crimes like first-degree intentional homicide, carry a maximum sentence of life imprisonment. Class B felonies carry up to 60 years in prison. As you move down the scale, the potential penalties decrease. Class I felonies, the least severe category, carry a maximum of 3.5 years in prison and fines of up to $10,000.
Some of the most common felony charges in Wisconsin and their classifications include:
These are the maximum penalties, and they do not represent what every convicted person receives. However, they illustrate just how serious the stakes can be, even at the lower end of the classification scale.
One important feature of Wisconsin’s felony sentencing structure is the bifurcated sentence. When a judge imposes a prison sentence for a felony, that sentence is divided into two parts:
This means that even if you receive a six-year sentence, for example, the judge will specify how much of that time must be served behind bars and how much will be served under supervision in the community. Extended supervision comes with conditions such as regular check-ins with an agent, restrictions on travel, possible drug and alcohol testing, and other requirements. Violating those conditions can result in being returned to prison to serve the remainder of the sentence.
This bifurcated structure is important because it affects not only how much time you may spend incarcerated, but also how much of your life will be subject to supervision and restrictions even after your release.
No. Not every felony conviction results in a prison sentence. Judges in Wisconsin have discretion in sentencing, and a range of outcomes is possible, depending on the facts of the case. In some situations, particularly for lower-level felonies involving first-time offenders, alternatives to incarceration may be available.
Probation is one such alternative. A judge may impose a period of probation rather than initial confinement, allowing the defendant to remain in the community while meeting regular supervision requirements. Conditions of probation typically include regular reporting, maintaining employment, completing community service, and abstaining from alcohol or drugs in certain cases.
Wisconsin also has diversion programs and deferred prosecution agreements in some jurisdictions, which may allow first-time or low-risk offenders to avoid a formal conviction altogether by completing specific requirements. These options are not universally available and depend heavily on the charge, the prosecutor’s office, and your individual circumstances.
Other factors that can influence whether prison time is imposed include:
Wisconsin law increases penalties for repeat offenders, and the impact can be significant. If you are convicted of a new felony within five years of a prior felony conviction, the court can add two to six years to your sentence simply because of your criminal history. This repeat offender enhancement applies on top of the standard sentencing range for the new offense.
This is one of the reasons it is so important to fight every charge aggressively, even charges that may seem minor at the time. A conviction today can make a future charge far more costly.
The outcome of a felony case is rarely predetermined. Experienced felony defense attorneys look at every aspect of how charges were brought and how the investigation was conducted. Was evidence gathered lawfully? Were your constitutional rights observed during questioning or arrest? Are there weaknesses in the prosecution’s case that can be challenged at trial?
In some cases, the goal may be to achieve a full acquittal. In others, it may be to negotiate a reduction to a lesser charge or to secure a sentencing outcome that avoids or minimizes prison time. Both paths require a defense attorney who knows Wisconsin criminal law, understands how local prosecutors and judges operate, and is prepared to go to trial if that is what your case demands.
At Hogan Eickhoff, we do not offer one-size-fits-all representation. We evaluate each case individually, give our clients honest assessments of their situation, and pursue the strategy that gives them the best possible chance at a favorable outcome. Whether that means challenging evidence, negotiating with the prosecutor, or standing before a jury, we are ready.
A felony charge is one of the most serious situations a person can face. The decisions you make in the days and weeks following your arrest can have lasting consequences. Do not face this process without experienced defense lawyers on your side.
Call Hogan Eickhoff at (920) 450-9800 or contact us online to schedule a free, confidential consultation. We serve clients in Appleton, Green Bay, Oshkosh, Chilton, Waupaca, and throughout Wisconsin. The sooner you reach out, the more we can do to protect your future. Learn more about the ways we can help defend various felonies and misdemeanors including violent crimes, drug offenses, sex offenses, domestic violence, and property crimes.
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