A Class H felony is a lower-tier felony classification used by a handful of states, most prominently North Carolina and Wisconsin, for crimes serious enough to be felonies but sitting near the bottom of the state’s felony ladder. In North Carolina, sentences run from about 4 to 25 months depending on prior record. In Wisconsin, the maximum is six years in prison and a $10,000 fine.1Wisconsin State Legislature. Wisconsin Statutes 939.50 – Classification of Felonies The federal criminal code doesn’t use this label at all; its felony classes stop at Class E.2Office of the Law Revision Counsel. 18 USC 3559 – Sentencing Classification of Offenses So if you’re looking at a charging document that says “Class H felony,” you’re in state court.
Where Class H Sits on the Felony Ladder
North Carolina ranks felonies from Class A (first-degree murder, the most serious) down to Class I (the least serious). Class H is second from the bottom. That ranking drives everything else: the sentencing grid the judge uses, whether probation is on the table, and how much a prior record can push the punishment up.
Wisconsin uses a similar A-through-I structure. Class A carries life imprisonment; Class I tops out at three and a half years.1Wisconsin State Legislature. Wisconsin Statutes 939.50 – Classification of Felonies Class H sits in the lower third, above only Class I. Low ranking, but still a felony, with every long-term consequence that word carries.
North Carolina Penalties
North Carolina uses structured sentencing. The judge cross-references the felony class with the defendant’s prior record level, a point-based score from Level I (no history) to Level VI (extensive history). For a Class H felony, the presumptive sentence starts at 4 to 6 months for someone with no prior record and climbs to 20 to 25 months at the top of the scale.
At the lower prior record levels, many Class H sentences qualify for community punishment: supervised probation, community service, or other alternatives instead of active prison. At mid-range levels, intermediate punishment is available, which can combine a short jail stay with probation or electronic monitoring. Active imprisonment becomes the presumptive outcome only at the higher end of the prior record scale.
Fines are discretionary. The statute lets a judge add a fine to a sentence that includes imprisonment, but there’s no fixed maximum tied to the felony class. Fines for Class H offenses tend to be modest compared to higher-class felonies.
Wisconsin Penalties
Wisconsin’s approach is different. A Class H felony carries a maximum combined sentence of six years in prison and a fine of up to $10,000.1Wisconsin State Legislature. Wisconsin Statutes 939.50 – Classification of Felonies That six-year maximum is split under the state’s bifurcated sentencing system. The confinement portion (time actually behind bars) can’t exceed three years. The extended supervision portion (similar to parole) also can’t exceed three years.3Wisconsin State Legislature. Wisconsin Statutes 973.01 – Bifurcated Sentence of Imprisonment and Extended Supervision
Extended supervision begins immediately after confinement ends. During this period, the person lives in the community under court-imposed conditions, and a violation can send them back to prison. The supervision term has to be at least 25 percent of the confinement term, so someone sentenced to two years of confinement would face at least six months of supervision afterward.3Wisconsin State Legislature. Wisconsin Statutes 973.01 – Bifurcated Sentence of Imprisonment and Extended Supervision
What Counts as a Class H Felony
The offenses that land in this class overlap somewhat between the two states, but each has its own list shaped by its criminal code.
North Carolina
Felony larceny is the signature Class H offense. Under state law, theft of property valued above $1,000 defaults to a Class H felony unless a specific statute assigns it a different class. Other common Class H charges include obtaining property by false pretenses, embezzlement, and forgery.
Drug offenses appear here too. Possession of certain controlled substances and lower-level distribution charges can be Class H depending on the substance and quantity. Breaking and entering a building without intent to commit a felony inside is another example, along with some assault charges that fall short of the more serious Class F or G assault offenses.
Wisconsin
Wisconsin’s Class H list is broader. Property crimes include theft of items valued between $5,000 and $10,000 and arson committed with intent to defraud an insurer. Drug offenses include possession of Schedule I through IV controlled substances with intent to sell, and possession of marijuana with intent to sell in quantities between 200 grams and one kilogram.
Violence-related Class H felonies include strangulation, false imprisonment, and certain aggravated battery charges. A fourth-offense OWI (operating while intoxicated) is Class H, as is any OWI committed with a child under 16 in the vehicle. Felony bail jumping and possession of prohibited weapons like short-barreled rifles or armor-piercing ammunition during a crime also fall into this class.
How a Prior Record Changes the Sentence
A defendant’s criminal history can dramatically shift what a Class H felony actually costs.
North Carolina’s structured sentencing grid does much of this automatically. A first-time offender might leave court with supervised probation. Someone with multiple priors on the same charge could receive more than two years of active imprisonment. The state also has a habitual felon law: a defendant with three or more prior felony convictions who receives a habitual felon finding sees the current offense elevated by four felony classes. A Class H offense jumps to Class D, where multi-year prison sentences are the norm.
Wisconsin gives judges more discretion, but prior offenses still matter. A judge weighs prior convictions when deciding where within the zero-to-six-year range the sentence lands. Some offenses also carry their own repeat-offender escalation built into the statute. Fourth-offense OWI is the clearest example: the first three OWI offenses are misdemeanors, and the fourth tips into felony territory.
Life After a Class H Conviction
The prison sentence and fine are only part of what a Class H conviction costs. The label creates lasting restrictions that follow you long after the sentence is complete.
Employment and Professional Licensing
Most employers run background checks, and a felony conviction narrows the field. Some industries impose outright bans backed by federal law. Under Section 19 of the Federal Deposit Insurance Act, anyone convicted of an offense involving dishonesty, breach of trust, or money laundering faces a lifetime prohibition on working at any FDIC-insured bank or financial institution. Covered offenses include theft, embezzlement, forgery, and drug possession with intent to distribute, which are among the most common Class H charges. A waiver is possible but requires a formal application, and approval isn’t guaranteed.4Federal Deposit Insurance Corporation. Your Guide to Section 19
State licensing boards in healthcare, education, real estate, and accounting screen for felony convictions. Many boards can deny or revoke a license based on a conviction, especially when the offense relates to the profession. A forgery conviction, for instance, is particularly damaging for anyone pursuing a license in financial services or accounting.
Housing
Public housing authorities and private landlords both screen for criminal records. A felony conviction can trigger application denials, and federally subsidized housing programs have their own rules about which convictions disqualify an applicant. Finding stable housing with a felony record often takes persistence and, in some places, help from reentry organizations that maintain relationships with landlords willing to look past a conviction.
Voting Rights
State rules vary widely. Some states restore voting rights automatically upon release, others require completion of probation or parole, and a few impose long waits or permanent disenfranchisement.5National Conference of State Legislatures. Restoration of Voting Rights for Felons North Carolina restores voting rights after completion of all terms of the sentence, including probation and parole. Wisconsin restores voting rights on completion of the full sentence, including extended supervision.
Federal Benefits
A 1996 federal law imposes a lifetime ban on SNAP (food stamps) and TANF (cash assistance) eligibility for anyone convicted of a drug-related felony. Most states have opted out of or modified the ban, so the real impact depends on where you live. If your Class H conviction was drug-related, check your state’s rules before assuming you’re permanently disqualified.
Immigration
For noncitizens, a Class H conviction can carry immigration consequences that dwarf the criminal penalty. Federal immigration law defines “aggravated felony” far more broadly than the phrase sounds, covering more than thirty offense types including simple theft, battery, and filing a false tax return. A conviction on that list can trigger mandatory detention, deportation, and permanent inadmissibility. Any noncitizen facing a Class H charge should have an immigration attorney working alongside the criminal defense lawyer, because a plea that looks favorable in criminal court can be catastrophic in immigration court.
Even U.S. citizens with felony records face border problems. Canada treats any offense equivalent to a Canadian indictable crime as grounds for denying entry, and many Class H offenses meet that threshold. Formal “criminal rehabilitation” through the Canadian government can resolve the issue permanently, but the process takes six to twelve months and requires that all sentencing be completed at least five years earlier.
Restitution
Many Class H offenses involve financial harm, and courts can order the defendant to repay the victim’s actual out-of-pocket loss, whether from stolen property, forged checks, or fraud. State courts in both North Carolina and Wisconsin have broad authority to order restitution as part of a sentence. A restitution order functions like a debt; authorities can enforce it through wage garnishment and other collection tools, and ignoring it can create problems during probation or extended supervision.
Clearing the Record
Both states offer some path to expungement of a Class H felony, but eligibility is narrow.
North Carolina allows expungement of Class H felonies primarily for people who committed the offense before turning 18. Eligible individuals can petition the court after completing the full sentence, including probation and restitution. Gang-related Class H felonies committed before age 18 have a specific expungement provision with a two-year waiting period after conviction or completion of probation, whichever is later.6North Carolina General Assembly. North Carolina General Statutes Chapter 15A Article 5 – Expunction of Records Adults convicted of Class H felonies have much more limited options.
Wisconsin permits expungement of Class H felonies, but the judge has to order it at sentencing. You aren’t eligible if you have any prior felony conviction, if the offense was violent, or if it involved certain crimes against children. When a judge does order expungement, it only takes effect after successful completion of the sentence without a new conviction and without probation revocation. The court then issues a certificate of discharge that formally expunges the record.7Wisconsin State Legislature. Wisconsin Statutes 973.015 – Special Disposition
Talking to a Lawyer Early
If you’re facing a Class H charge, getting a defense attorney in early changes the outcome more than any single step you can take later. An attorney can evaluate whether the charges match the facts, spot weaknesses in the prosecution’s evidence, and start building a defense before the case gains momentum. In many Class H cases, early intervention leads to reduced charges or pretrial diversion that avoids a felony conviction entirely.
Plea negotiation is where experienced counsel earns their fee. A prosecutor’s first offer is rarely the best available outcome. A defense attorney who knows the North Carolina sentencing grid or Wisconsin’s bifurcated system can often negotiate a resolution that keeps a client out of prison or positions them for later expungement. Beyond the criminal case itself, a lawyer can walk you through which of the collateral consequences above would apply to your situation, so you can make an informed decision about whether to plead or go to trial.