When someone is charged with a crime in Wisconsin, one of the first questions that arises is whether the charge is a felony or a misdemeanor. This distinction carries enormous consequences — not just for the potential punishment, but for nearly every aspect of a person’s life going forward. Understanding the difference between these two classifications, and why it matters, is essential for anyone navigating the Wisconsin criminal justice system.

How Wisconsin Classifies Criminal Offenses

Wisconsin divides crimes into two broad categories: misdemeanors and felonies. Misdemeanors are the less serious of the two, while felonies are the more serious charges carrying greater penalties and longer-lasting consequences.

Wisconsin misdemeanors are classified into three classes under Wisconsin Statute § 939.51:

Class A Misdemeanor: Up to 9 months in jail and/or a fine up to $10,000. Examples include simple battery, disorderly conduct with a weapon, and first-offense OWI with aggravating circumstances.

Class B Misdemeanor: Up to 90 days in jail and/or a fine up to $1,000.

Class C Misdemeanor: Up to 30 days in jail and/or a fine up to $500.

Wisconsin felonies are classified into six classes under Wisconsin Statute § 939.50:

Class A Felony: Life imprisonment. Reserved for the most serious crimes such as first-degree intentional homicide.

Class B Felony: Up to 60 years imprisonment.

Class C Felony: Up to 40 years and/or $100,000 fine.

Class D Felony: Up to 25 years and/or $100,000 fine.

Class E Felony: Up to 15 years and/or $50,000 fine.

Class F Felony: Up to 12.5 years and/or $25,000 fine.

Class G Felony: Up to 10 years and/or $25,000 fine.

Class H Felony: Up to 6 years and/or $10,000 fine.

Class I Felony: Up to 3.5 years and/or $10,000 fine.

Collateral Consequences: Where the Real Difference Lies

The distinction between felony and misdemeanor extends far beyond the courtroom sentence. Collateral consequences — the legal disabilities that flow from a conviction — can affect your life for decades.

Voting Rights: In Wisconsin, people convicted of a felony lose their right to vote while they are serving their sentence, including extended supervision and probation. Once fully discharged, voting rights are restored. Misdemeanor convictions do not affect voting rights.

Firearm Rights: A felony conviction results in a permanent federal prohibition on possessing firearms under 18 U.S.C. § 922(g). Wisconsin law under § 941.29 also prohibits firearm possession for those convicted of certain felonies and some misdemeanor domestic violence offenses. This can be a life-altering consequence.

Employment: Many employers conduct background checks and have policies against hiring individuals with felony convictions. Professional licensing boards for fields like nursing, law, teaching, real estate, and others may deny or revoke licenses based on felony convictions. Even misdemeanor convictions can cause problems in certain industries.

Housing: Landlords may refuse to rent to people with criminal records, particularly felony convictions. Federal public housing programs have restrictions that can bar felony-convicted individuals from certain housing assistance programs.

Expungement Eligibility Differences

Wisconsin’s expungement law under Wisconsin Statute § 973.015 is narrower than many people expect. For felony convictions, expungement is only available if the maximum penalty for the offense was 6 years or less (Class H or I felonies), the person was under age 25 at the time of the offense, and the person successfully completed their sentence. For misdemeanors, expungement is more accessible but still subject to eligibility requirements. Even when granted, Wisconsin expungement seals the court record but does not fully erase the conviction from all databases — understanding what expungement does and does not do is critical.

The classification of a charge — and whether it can be reduced or dismissed — can define the course of your future. Attorney Christopher S. Carson has over 22 years of criminal defense experience in Wisconsin. Call (262) 860-8932 today for a free consultation to discuss your charges and your options.