Understanding Class A Misdemeanors in Wisconsin

A Class A misdemeanor refers to the most serious type of misdemeanor offense. Such offenses are typically punishable by up to 9 months in county jail and/or a fine of up to $10,000, according to Wisconsin Statutes § 939.51(3)(a). Judges have broad discretion when sentencing, which means the actual punishment depends on certain factors such as the defendant’s criminal history, the facts of the case, or the appropriateness of other alternatives to the case.

Note: In Wisconsin, misdemeanors are classified into three levels: Class A, B, and C. Class A misdemeanors are the highest but do not fall into the category of felonies. Class A misdemeanors are not as severe as felonies but are more severe than civil violations, such as traffic tickets. They generally attract the most severe penalty allowed for misdemeanors, but do not result in prison time.

Examples of Class A Misdemeanors in Wisconsin

Class A misdemeanors usually include violent offenses such as theft involving small amounts of money or property value, some types of battery, or disorderly conduct with certain aggravating factors. The primary distinction between a Class A misdemeanor and a felony lies in the maximum sentence for each. In Wisconsin, misdemeanor offenses of all classes are typically sentenced to the county jail, rather than the state prison. A Class A misdemeanor also carries a maximum jail sentence of less than a year.

Some examples of these offenses include the following:

• Battery, according to Wisconsin Statutes § 940.19(1) - This offense involves intentionally causing bodily injury to someone else without their consent
• Theft of property valued less than or equal to $2,5000 according to Wisconsin Statutes § 943.20(3)(a)
• Criminal damage to property, according to Wisconsin Statutes § 943.01(1) - This refers to intentionally damaging another’s property without permission.
• Possession of THC for a first offender according to Wisconsin Statutes § 961.41(3g)(e)
• Prostitution, according to Wisconsin Statutes § 944.30(1) - This involves engaging in, agreeing to, or offering to engage in sexual activities in exchange for anything of value
• Misdemeanor bail jumping, according to Wisconsin Statutes § 946.49(1)(a) - This refers to when someone violates the conditions of bail in a misdemeanor charge case.
• Carrying a concealed weapon without a permit, according to Wisconsin Statutes § 941.23(2)(b)

Penalties for a Class A Misdemeanor in Wisconsin

The maximum penalties for Class A misdemeanors are clearly defined in the state’s statutes, but the judge exercises discretion with the actual sentence given. According to Wisconsin Statutes § 939.51(3)(a), Class A misdemeanors also carry a maximum jail term of 9 months, which is usually served in county jails. This imprisonment may be suspended to allow the offender to enjoy probation.

Probation is an alternative sentencing option that can also supplement incarceration. It involves allowing the offender to be released under certain conditions and in compliance with court orders. The law also provides for fines that can be up to $10,000. The actual judgment amount depends on the financial impact of the offense, any restitution owed to the victim, and the offender’s ability to pay up. Misdemeanor offenders, especially first-time or low-risk offenders, can also be sentenced to certain hours of community service as a penalty.

Probation and Alternative Sentencing Options in Wisconsin

The conditions for probation will vary based on the county, but usually involve regularly reporting to a probation officer, avoiding criminal behaviour, maintaining employment, or complying with curfews or travel restrictions. Offenders can also avoid jail time through community service or diversion programs. Community service involves performing certain functions for the benefit of the community. This can include working with a nonprofit organization, community improvement tasks, or a government agency. The court will set a specific number of service hours the offender must complete.

Diversion programs are ordered for nonviolent or first-time offenders. These include activities like passing drug tests, attending counseling, or classes. This is similar to treatment-based sentencing, which involves mental health counseling, drug or alcohol abuse treatment, or domestic violence intervention courses. Offenders in Wisconsin can also be ordered to pay restitution to the victim of the crime. This can be a court order to compensate the victim for property damage or financial loss caused by the offense.

Can a Class A Misdemeanor Be Expunged or Sealed in Wisconsin?

Yes, a Class A misdemeanor in Wisconsin can be expunged according to Wisconsin Statutes § 973.015. This process allows misdemeanor conviction records to be removed or sealed. Expungement in Wisconsin will not automatically seal records held by other government agencies, such as law enforcement agencies and the Wisconsin Department of Justice Criminal History Record Information. The process seals the court records for the misdemeanor offense.

Eligibility for sealing a misdemeanor conviction in Wisconsin requires that the offense must not be higher than a misdemeanor. The offender must also be less than 25 years old at the time of sentencing. There is no particular waiting period after completing the sentence before one can apply for expungement. Individuals who can remove or seal their misdemeanor records can enjoy better employment opportunities and be free from restricted rental and housing options. It will also reduce social stigma and improve the offender’s financial opportunities.

Long-Term Consequences of a Class A Misdemeanor Conviction

Class A misdemeanor convictions can have long-lasting effects on the offender, as they are permanent records. These criminal court records continue to exist after the jail sentence is completed, including all fines and any probation requirements. The type of offense usually determines the long-term consequences of having a Class A misdemeanor conviction in Wisconsin. One of such consequences is employment or housing challenges. 

Landlords and employers may conduct background checks and make decisions based on the results of these reports. Having a record of theft, violence, or arson may reduce an offender’s housing options significantly. Professional licensing boards also consider existing misdemeanor records in some cases for eligibility purposes. It is also common for offenders convicted of certain misdemeanor offenses to be restricted or lose their gun ownership rights. This means such persons cannot possess, carry, or purchase a firearm. In situations where an offender has prior Class A misdemeanor convictions, they may face increased penalties, such as higher fines or longer probation.

What to Do if You’re Charged with a Class A Misdemeanor in Wisconsin

Individuals who are charged with a Class A misdemeanor in Wisconsin must first understand what the charge is before taking any steps. The specific statute violated is usually written clearly on the complaint, citation, or charging document, which will be made available to you. Ensure you read them carefully to understand the nature of the allegation. For most people, it is advisable to consult a lawyer to assist with handling the matter. A lawyer will be able to explain the statute further and proffer potential defenses and the usual outcome for such cases in the state. There are provisions for public defenders in cases where the offender cannot afford a lawyer.

The court documents required for handling your defense must also be gathered and organized. This can be done more effectively with the assistance of a lawyer who understands the nature of the required evidence. Ensure that the required documents are also organized for better court representation.

Such documents include police reports, court notices, contact details of witnesses, or the criminal complaint. After a defense is filed, defendants have to prepare for pretrial proceedings, which involve the prosecution and defense exchanging information and discussing the case to resolve.

Statute of Limitations for Class A Misdemeanors in Wisconsin

Statute of limitations determines how long prosecutors have till they cannot initiate a criminal charge for an offense. This means the period of time within which prosecutors must bring a formal charge for an alleged offense according to Wisconsin Statutes § 939.74(1). In Wisconsin, misdemeanors generally have a 3-year statute of limitations. This means that misdemeanor offenses must be commenced within 3 years from the date the offense was committed.

The time starts counting when an indictment or information is filed or when a summons or warrant is issued. It must be noted that certain offenses listed under Wisconsin Statutes § 939.74(2)(a) and (2d) do not have statutes of limitations. Misdemeanors that have statutes prescribing longer than the general 3 years will also adopt their statutory requirement over the general rule.