Introduction to Class B Misdemeanors in Wisconsin

Crimes in Wisconsin are categorized as either felonies or misdemeanors. Under Wis. Stat. § 939.60, a crime punishable by imprisonment in the Wisconsin State prison is a felony. Every other crime is considered a misdemeanor.

Under Wisconsin Statutes § 939.50, felonies are classified as Class A, B, C, D, E, F, G, H, or I. They attract penalties ranging from 1 year to life imprisonment, with the possibility of hefty fines. Misdemeanors are punishable by one year or less in county jail, depending on the severity of the offense. Class A misdemeanors are the most serious misdemeanor offenses in Wisconsin. They are punishable by up to 9 months in county jail, a fine of up to $10,000, or both. For instance, theft of property valued at less than $2,500 is charged as a Class A misdemeanor.

Class B misdemeanors are in the middle in terms of severity and penalties. They are punishable by up to 90 days in jail, a fine of up to $1,000, or both. For example, Disorderly Conduct is a class B misdemeanor. Although there are more serious crimes in Wisconsin, records of a Class B misdemeanor conviction can have a significant impact on the offender's life, whether it involves the time spent in jail, the fine, or the lasting effects of a stained criminal record.

Note: Class C misdemeanors are the least severe type of misdemeanors in Wisconsin in terms of severity and penalties. An individual convicted of a Class C misdemeanor may get a sentence of up to 30 days in county jail, a fine of up to $500, or both. For instance, a second offense of underage consumption of alcohol within 30 months is a Class C misdemeanor.

Common Examples of Class B Misdemeanors in Wisconsin

Class B misdemeanors are some of the most commonly charged offenses in Wisconsin, particularly disorderly conduct. When an individual is apprehended for an offense in Wisconsin, the eventual criminal charge depends on the specific offense, the individual’s previous record, and the presence of aggravating or mitigating factors.

Typically, as defined under Wis. Stat. Section 939.51(3), a Class B misdemeanor carries a potential penalty of up to 90 days in county jail, up to $1,000 in fines, or both. Offenses under this category include disorderly conduct (§ 947.01(1)), trespassing in a hospital or medical facility (§ 943.145), recklessly interfering with a service dog, minor in possession of alcohol, also known as Minor in Possession (MIP) (§ 125.07), Providing alcohol to a minor (second offense), Unlawful use of a computerized communication system, and gambling violations.

Repeat misdemeanor offenders face significantly increased penalties. For instance, the maximum jail time could be increased to two years, depending on the individual’s record.

Under Wis. Stat. 943.145, criminal trespass to a medical facility occurs when an individual enters a medical facility without the consent of some person lawfully upon the premises in circumstances that tend to breach the peace. It carries a maximum penalty of 90 days in jail, a fine of $1,000, or both.

According to Section 947.01(1) of the Wisconsin Statutes, disorderly conduct occurs when an individual in a public setting engages in violent, abusive, or indecent conduct under circumstances that are likely to provoke or cause a disturbance. That is, behaving in a manner that leads to a disturbance enough to justify disorderly conduct. It is punishable by a maximum penalty of 90 days in jail and a fine of $1,000.

Under Wis. Stat. §125.07(4), when an underage person procures or attempts to procure alcoholic beverages from a licensee, or falsely represents his or her age to receive alcoholic beverages, the individual is guilty of underage drinking violation. A second violation within 12 months subjects the individual to a maximum fine of $500, community service, or both.

Statute of Limitations for Class B Misdemeanors in Wisconsin

The statute of limitations gives a timeframe within which prosecutors may press charges for a crime. Once the timeframe elapses, the state may no longer begin criminal prosecution. The clock starts to tick when the crime is committed or when the warrant is issued. In Wisconsin, as defined in Wis. Stat. section 939.74(1), the statute of limitations for misdemeanors is 3 years from the date the offense was committed.

Some crimes may have special or extended time limits or no limit at all. However, generally, Class B misdemeanors are limited to a maximum of three years. Moreover, the clock may be tolled or paused, for instance, when the defendant is not a resident of Wisconsin or in the event of another prosecution for the same offense.

Legal Penalties for Class B Misdemeanors

Although it falls at the lower end of the charging spectrum, a Class B misdemeanor criminal conviction carries serious consequences that may affect the offender for the rest of their life. In general, charges that fall under this classification are punishable by up to 90 days in jail, fines of up to $1,000, or both.

A second offense of Minor in Possession (MIP) within 12 months, as defined under § 125.07, attracts a sentence of up to $500 fine, community service, or both. Moreover, students cited for underage drinking violations may face consequences that impact their education, such as loss of scholarship. Disorderly conduct (§ 947.01(1)) attracts a penalty of up to 90 days in jail and a fine of $1,000. Similarly, under § 943.145, criminal trespass to a medical facility is punishable by up to 90 days in jail, a fine of up to $1,000, or both.

Sometimes the court may apply alternative sentencing measures such as deferred prosecution. Individuals without any kind of criminal record may receive an offer of probation when they are convicted of a Class B misdemeanor. In cases of minor in possession (MIP), charges may be reduced or dismissed through participation in alcohol awareness programs endorsed by the court. Subsequently, the conviction may be removed from the individual's record.

Court Process for Class B Misdemeanors

When an individual commits a crime, officers may make an arrest or issue a citation. In other cases, the case begins with the District Attorney filing a criminal complaint in the circuit court. The complaint officially lists the charges against the offender, the maximum sentence, and a summary of the evidence against them.

During the individual’s first appearance, they receive a criminal complaint of the charge, the facts alleging what occurred, and the punishments as defined by law. The judge also sets the conditions of bond for the offender’s release. Oftentimes, for misdemeanors, the initial appearance also doubles as the arraignment, where the offender pleads guilty, not guilty, or no contest. At this stage, plea negotiations take place. The offender may plead to a reduced charge or reach an agreement about sentencing recommendations.

How Class B Misdemeanors Affect Your Criminal Record

When an individual is convicted of a Class B misdemeanor in Wisconsin, it creates a criminal record. Many employers use pre-employment background checks. These checks show information such as the individual's name, date of birth, and details of any convictions, including misdemeanor or felony convictions. A misdemeanor conviction doesn't automatically disqualify an individual from most jobs, but it may make it more difficult.

Similarly, landlords and professionals often conduct background checks, and a criminal record may impact the offender's chances of obtaining accommodation, licenses, educational programs, public benefits, and financial aid. However, Wisconsin residents have the opportunity for expungement. Eligibility depends on the specific offense and whether the requirements are met.

Differences Between Class B Misdemeanors and Other Offenses

In Wisconsin, for most misdemeanors, under Section 939.51, the law stipulates the class of the misdemeanor offense. The category determines the maximum penalty according to the statute. Class B misdemeanors in Wisconsin are punishable by up to 90 days in jail, fines of up to $1,000, or both. They are in the middle of the misdemeanor classes. Class A misdemeanors are the most serious. They attract up to 9 months in jail as well, but the fine is the harshest - up to $10,000. Class C misdemeanors are the least serious. An individual charged with a Class C misdemeanor may get a sentence of 30 days in jail, a fine of up to $500, or both.

How to Check for Class B Misdemeanors in Court Records

The criminal history unit of the Wisconsin Department of Justice provides an online database where individuals may request information such as Class B misdemeanor records. This service costs $7 for a single search.

In addition, Wisconsin Circuit Courts provide access to information about criminal defendants through the Wisconsin Court System Circuit Court Access (WCCA) portal. To get records on the WCCA, requesters must at least enter the first and last name of the individual. They may also search using the date of birth and case number. Availability of records varies depending on the jurisdiction. This is because counties began adopting the system at different times; that is, adoption is not uniform across the board. Older cases may have limited details.

Alternatively, interested parties may get public criminal records in Wisconsin, including Class B misdemeanors, through third-party websites. They may search using the name of the offender, or location such as the city, county, or state where the case occurred.

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

Expungement gives Wisconsin residents an opportunity to move on from mistakes of the past. In Wisconsin, individuals with Class B misdemeanor convictions may have the chance to clear their records through expungement. This provision allows offenders to have their records erased or sealed.

A clean criminal record may be crucial, providing significant benefits such as improved employment prospects, restored reputation, and improved academic prospects, among other benefits. However, the relief of expungement is open to individuals convicted of certain offences, and there are specific criteria that must be met to qualify. Some of the eligibility conditions include:

• The individual must have successfully completed their sentence.
• The compulsory waiting period must have elapsed after serving the sentence.
• The offense must not be violent in nature or involve the use of weapons.
• The offender must be a youthful offender, that is, under the age of 25 at the time of the offense.
• The judge made provision for expungement as part of the original sentence.

To begin the expungement process, the offender must file a petition with the court of conviction. It must include details of the conviction, the sentence in history, and why the offender is seeking expungement. For instance, they may include as part of the paperwork evidence of denied job applications and any such burdens brought upon them as a result of the record.

The court will review the petition and determine if the offender meets the eligibility requirements. If the judge agrees, the petition would be approved, and an order would be issued expunging it from the public record.