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:
- Under $500 — Class A misdemeanor (up to 9 months jail, $10,000 fine)
- $500 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 follows the same value-based classification but carries additional civil liability. 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.