Theft is one of the most commonly charged crimes in Wisconsin, and the consequences range widely depending on the value of what was allegedly taken. Understanding where your charge falls in Wisconsin’s theft statute is the starting point for any defense strategy.
How Wisconsin Classifies Theft
Wisconsin’s theft statute covers taking property that belongs to another person without consent. The classification depends on the value of the property:
- $2,500 or less — Class A misdemeanor (up to 9 months jail, $10,000 fine)
- More than $2,500 up to $5,000 — Class I felony (up to 3.5 years, $10,000 fine)
- $5,000 to $10,000 — Class H felony (up to 6 years, $10,000 fine)
- $10,000 to $100,000 — Class G felony (up to 10 years, $25,000 fine)
- Over $100,000 — Class F felony (up to 12.5 years, $25,000 fine)
Retail Theft (Shoplifting)
Retail theft has its own schedule under Wis. Stat. § 943.50(4), and it is harsher at the bottom: the Class A misdemeanor ceiling is $500, not $2,500. Above that it is a Class I felony to $5,000, a Class H to $10,000, and a Class G beyond. It also carries civil liability on top of the criminal case. Retailers can sue for civil damages separate from any criminal prosecution, and those civil demands often arrive before the criminal case is resolved.
Defenses
Theft requires proof of intent — the state must prove you intended to permanently deprive the owner of the property. Honest mistakes, disputed ownership, consent, and lack of criminal intent are all viable defenses depending on the facts. An experienced defense attorney will evaluate the evidence, the charging decision, and available alternatives to conviction.
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Attorney Christopher Carson defends theft charges throughout Waukesha and Milwaukee counties. Call (262) 860-8932.
About the author. Christopher S. Carson, J.D., M.A., has practiced law in Milwaukee for 34 years. He holds an M.A. in International Security Studies from Georgetown University, where he was the Bradley Fellow, was formerly with the American Enterprise Institute, and is a contributing editor at the New English Review. Read the full biography.
More on this: Criminal defense practice at Carson Law Office · Schedule a free consultation · (262) 860-8932
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This article is general information about Wisconsin law, not legal advice about your situation, and reading it does not create an attorney-client relationship.