Wisconsin law establishes distinct categories for criminal offenses based on their seriousness. This system includes various classifications for felonies, which are considered more severe than misdemeanors. This article provides specific information about the Class H felony, detailing its place in the state’s legal framework and the consequences associated with it.
Understanding Class H Felonies in Wisconsin
In Wisconsin’s tiered system of nine felony classes, the Class H felony represents a serious offense, though it is on the lower end of the felony spectrum. It is considered more severe than a Class I felony but less so than a Class G felony. This hierarchy organizes felonies from Class A, the most severe, down to Class I. A crime is designated a felony if it is punishable by imprisonment in a state prison.
The classification of an offense as a Class H felony signifies its gravity. While less severe than higher-level felonies that often involve extreme violence or major drug trafficking, Class H offenses are still viewed as significant threats to public safety and order. The penalties and consequences reflect this judgment, placing these crimes well above misdemeanors in terms of their legal seriousness.
Examples of Wisconsin Class H Felonies
A wide range of criminal conduct can lead to a Class H felony charge in Wisconsin, covering offenses against persons, property, and public administration. Common examples include:
- Causing great bodily harm to another person with the intent to cause bodily harm.
- Committing strangulation and suffocation under Wis. Stat. § 940.235.1Wisconsin Legislature. 940.235
- Stealing property valued between $5,000 and $10,000, as defined by Wis. Stat. § 943.20.2Wisconsin Legislature. 943.20
- Operating a vehicle without the owner’s consent (Wis. Stat. § 943.23).
- Committing arson with the intent to defraud an insurer (Wis. Stat. § 943.02).
- Receiving a fourth conviction for Operating While Intoxicated (OWI).3Wisconsin Legislature. 346.65
- Possessing between 200 and 1,000 grams of marijuana with the intent to sell.
- Fleeing or eluding an officer in a vehicle, a violation of Wis. Stat. § 346.04.
- Impersonating a peace officer under Wis. Stat. § 946.70.
- Committing bail jumping while on bond for a pending felony case (Wis. Stat. § 946.49).
Sentencing for Class H Felony Convictions
The penalties for a Class H felony are explicitly defined by state law. According to Wisconsin Statute § 939.50, a conviction for a Class H felony carries a maximum penalty of up to six years in state prison, a fine of up to $10,000, or a combination of both.4Wisconsin Legislature. 939.50 This statute sets the upper limit of punishment that a judge can impose for any crime classified within this category.
This sentence is bifurcated, meaning it is split into two parts: a term of initial confinement in prison and a term of extended supervision. For a Class H felony, the initial confinement portion cannot exceed three years, and the extended supervision portion also cannot exceed three years.5FindLaw. Wisconsin Statutes Criminal Procedure (Ch. 967 to 980) § 973.01 The total sentence of confinement and supervision cannot add up to more than the six-year maximum. A judge determines the actual sentence based on the specifics of the case.
Other Legal Consequences of a Class H Felony
Beyond imprisonment and fines, a Class H felony conviction in Wisconsin carries significant and lasting legal consequences. One of the most immediate impacts is the loss of firearm rights. Under both state and federal law, any individual convicted of a felony is permanently prohibited from possessing a firearm, a lifetime ban that attaches automatically upon conviction.6Wisconsin Legislature. 941.29
A felony conviction also impacts civic participation. An individual is disenfranchised, losing the right to vote, for the entire duration of their sentence, including time spent in prison and while on probation, parole, or extended supervision.7Wisconsin Legislature. 6.03 Furthermore, a conviction may legally bar a person from holding certain public offices or obtaining specific professional licenses.
A conviction also requires the individual to submit a DNA sample to the state’s databank for law enforcement use.8Wisconsin Legislature. 973.047