A Class H felony in Wisconsin carries significant legal and personal ramifications, affecting employment, housing, and other aspects of life. This article outlines Class H felony charges, potential penalties, court proceedings, and options for record relief.
Charges and Classification
Wisconsin law categorizes criminal offenses by severity, with felonies being more serious than misdemeanors. Felonies are divided into classes from A (most severe) to I (least severe).1Wisconsin Legislature. 939.50 Classification of Felonies A Class H felony is a serious offense. Examples include theft of property valued between $5,000 and $10,000, possession of a firearm by certain individuals previously convicted of a felony, or substantial battery with intent to cause bodily harm. The criminal complaint specifies the alleged crime and its classification.
Potential Penalties
A conviction for a Class H felony in Wisconsin carries a range of potential penalties. The specific sentence imposed by a court will depend on the details of the case, the defendant’s prior record, and other mitigating or aggravating factors considered by the judge.
Incarceration
Wisconsin law (Statute 939.50) allows a court to sentence an individual convicted of a Class H felony to a maximum of six years of imprisonment.2Wisconsin Legislature. 939.50(1)(h) Penalties for Class H Felony This sentence consists of initial confinement in prison followed by extended supervision in the community.3Wisconsin Legislature. 973.01 Bifurcated Sentences and Truth in Sentencing The total duration cannot exceed six years. For example, a sentence might be three years confinement and three years supervision. Initial confinement must be at least one year if imprisonment is ordered, unless probation is chosen.
Supervision
Individuals convicted of a Class H felony often face supervision, either as extended supervision after prison or as part of probation. Extended supervision can be up to three years. During supervision, the Department of Corrections monitors the individual, who must follow conditions such as:
- Regular reporting to an agent
- Maintaining employment
- Abstaining from alcohol or drugs
- Avoiding contact with victims or co-defendants
- Following geographical restrictions
Violating these conditions can lead to revocation and return to prison.
Fines
A court may impose a fine up to $10,000 for a Class H felony, either with or instead of incarceration or supervision. This base fine can be increased by surcharges, fees (like for victim assistance or DNA collection), and court costs. Courts consider ability to pay, but failure to meet these obligations can cause further legal issues.
Sentence Enhancements
Sentences for Class H felonies can exceed maximums if aggravating factors exist, related to past conduct or offense specifics. A prior criminal record can increase sentences under Wisconsin’s repeater statute (Wisconsin Statute 939.62).4Wisconsin Legislature. 939.62 Increased Penalty for Habitual Criminality For example, prior felony convictions can add up to four years to imprisonment, while multiple recent misdemeanors can add up to two years. Committing the crime with a dangerous weapon may add up to four years to confinement (Wisconsin Statute 939.63). Enhancements also exist for hate crimes, gang activity, or targeting vulnerable adults.
Court Proceedings
A Class H felony case in Wisconsin starts with an initial appearance. After a criminal complaint is filed, a judge informs the defendant of charges, penalties, and rights, including the right to an attorney. Bail is set, determining release conditions (Wisconsin Statute 970.02).5Wisconsin Legislature. 970.02 Duty of a Judge at the Initial Appearance
A preliminary hearing follows to determine probable cause. The state presents evidence, and the defendant can cross-examine. If probable cause is found, the case proceeds to trial; otherwise, charges may be dismissed. Defendants can waive this hearing, which occurs within 10 to 20 days of the initial appearance.
If the case proceeds, an arraignment occurs. The defendant is formally charged, often via an Information document, and enters a plea (guilty, not guilty, or no contest).
The pretrial phase includes discovery, where parties exchange evidence (Wisconsin Statute 971.23) like statements and reports.6Wisconsin Legislature. 971.23 Discovery and Inspection Motions may address legal issues like suppressing evidence. Unresolved cases go to trial, where prosecution must prove guilt beyond a reasonable doubt. Defendants have rights to a jury trial, to confront witnesses, present a defense, and remain silent.
Collateral Consequences
A Class H felony conviction in Wisconsin leads to collateral consequences—civil penalties and disabilities affecting life long after the sentence.
Civil rights are impacted. Convicted felons lose voting rights until their full sentence, including supervision, is completed (Wisconsin Statute 6.03).7Wisconsin Legislature. 6.03 Disqualification of Electors Jury service eligibility is lost unless civil rights are restored. Federal law prohibits felons from possessing firearms; this is often a lifetime ban unless rights are restored.8Cornell Law School Legal Information Institute. 18 U.S. Code § 922 – Unlawful Acts (Firearms)
Employment prospects can be significantly affected. Employers may deny employment if the conviction substantially relates to the job’s duties.9Wisconsin Legislature. 111.335 Arrest or Conviction Record; Exceptions and Special Cases This substantial relationship test also applies to professional licensing (Wisconsin Statute 440.03), potentially barring individuals from careers in healthcare or skilled trades.
Other consequences include:
- Difficulty securing housing due to criminal history checks.
- Loss of eligibility for public office, unless rights restored.
- Influence on family law matters, such as child custody.
- Impacts on federal student aid eligibility.
- Impacts on military enlistment.
Record Relief Options
Individuals with a Class H felony conviction in Wisconsin have options for record relief to lessen long-term consequences.
Expungement (Wisconsin Statute 973.015) is one option.10Wisconsin Legislature. 973.015 Special Disposition (Expungement) The crime must be committed before age 25, and a judge must order expungement at sentencing. After sentence completion, the record is sealed from general public view but remains accessible to law enforcement and for some government purposes. The judge decides based on individual benefit and societal impact.
A Governor’s pardon (Wisconsin Constitution, Article V, Section 6) is another avenue. A pardon can restore rights like holding public office or jury service and may ease employment disabilities. Individuals must complete their sentence, wait at least five years with no pending charges, and then apply. The Governor’s Pardon Advisory Board reviews applications; a pardon is discretionary.
The Certificate of Qualification for Employment (Wisconsin Statute 111.335) targets employment barriers. Issued by the Department of Workforce Development, this certificate doesn’t erase a conviction but shows the individual is qualified for employment and their record shouldn’t bar them from jobs/licenses, unless the conviction substantially relates to the role. The Department considers the offense, time passed, rehabilitation, and job duties.