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First Degree Felony in Wisconsin
Felonies refer to serious offenses against the state that are punishable by more than one year's prison sentence according to Wisconsin Statutes § 939.50. These offenses are classified into nine classes of felonies. They include Class A, B, C, D, E, F, G, H, and I felonies as provided in Wisconsin Statutes. The class of felony will determine the punishment, as each class represents a maximum penalty for the offense.
Class A felonies are punishable by life imprisonment, while other crimes are punishable by imprisonment or fine. Here are the classes of felonies and punishments:
- Class A - Life imprisonment
- Class B - up to 60 years' sentence
- Class C - up to $100,000 fine and/or 40 years prison sentence
- Class D - up to $100,000 fine and/or up to 25 years prison sentence
- Class E - up to $50,000 fine and/or up to 15 years prison sentence
- Class F - up to 12 and a half years and or up to $25,000 fine
- Class G - up to $25,000 fine and/or up to 10 years prison sentence
- Class H - up to $10,000 fine and/or up to 6 years prison sentence
- Class I - up to $10,000 fine and/or up to 3 and a half years prison sentence
Within these classes of felonies are other types of crimes, such as first-degree intentional homicide, provided for in Wisconsin Statutes § 940.01, and first-degree reckless homicide, provided for in Wisconsin Statutes § 940.02. These are the most serious felonies in Wisconsin, carrying the highest punishments of life imprisonment and 15 to 60 years imprisonment, respectively.
Public Access to Class A (First Degree) Felony Records in Wisconsin
Wisconsin conviction records are publicly accessible through the courts and law enforcement agencies. Court records are generally open to the public for inspection and copying unless restricted or sealed records are involved. Requesters can access these records through the relevant Wisconsin Court clerk, court records website, or third-party platforms. Requesters without authorized access will be unable to request restricted records such as juvenile records, victim details, or expunged records.
First-degree felony records in Wisconsin can be accessed using mail-in or in-person records requests through the court or the relevant county clerk. Requesters only need to submit the request in the required format with some details about the case. For online access to conviction records, the Wisconsin Court System - Case Search website allows the public to search court records. The Department of Justice’s Wisconsin Online Record Check System also provides online access to a criminal history search platform. These platforms offer free case document access for viewing or searching in person or online. However, copies of records are charged based on the mode of request.
| Source | Access Type | Website/Location |
|---|---|---|
| Wisconsin Department of Justice, Criminal History Record Information | In-person, mail-in, or online requests | 17 E Main Street Madison, Wisconsin 53703 https://recordcheck.doj.wi.gov/ |
| Wisconsin Court System | Online portal | https://www.wicourts.gov/casesearch.htm |
| County Clerks | In-person, mail-in, or online access | Varies based on the specific county where the case was handled |
Common Crimes Classified as First Degree Felonies in Wisconsin
There are various first-degree felonies in Wisconsin, which represent the highest or most serious level of a crime. The most notable is First Degree intentional homicide, which dropped by almost 12% in 2023. Another common first-degree felony is Sexual Assault of the First Degree, which is a Class B felony. Wisconsin data shows that rape offenses made up 12.5% of the state’s violent crimes in 2024. Here is a breakdown of these offenses and their description:
| Crime | Brief Description |
|---|---|
| First Degree Intentional Homicide | This happens when the death of an individual is caused intentionally and unlawfully by another person. It is a Class A felony and punishable by life imprisonment, according to Wisconsin Statutes § 940.01 |
| First Degree Reckless Homicide | According to Wisconsin Statutes § 940.02(1), this crime occurs when a person recklessly causes the death of another under circumstances that show proof of disregard for human life. It is a Class B felony |
| First Degree Sexual Assault | According to Wisconsin Statutes § 940.225(1), this offense occurs when (a) There is sexual intercourse or contact without consent (b) great bodily harm or pregnancy, (c)or it was committed with violence or force, aided or abetted by others |
| Aggravated Robbery with Felony Murder Enhancements | According to Wisconsin Statutes § 940.03, when a death occurs while attempting to or committing certain specified felonies, the offender is guilty of this offense and is punishable by 15 years plus the maximum sentence for the underlying offense. |
| Large-Scale Drug Trafficking | Major drug trafficking offenses in Wisconsin, particularly offenses involving minors or large quantities, are handled as high-class felonies, such as Class C, according to Wisconsin Statutes Chapter 961 |
Prison Sentences and Fines for Class A (First Degree) Felonies in Wisconsin
Wisconsin prison sentences for felonies are determined by the class of felony the offense falls in. Felonies are classified between Class A and Class I, with the former being the most serious and carrying the highest punishment of life imprisonment and no statutory option of fine. Class B felonies carry sentences of up to 60 years in prison without the option of a fine. Class C felonies have a similar fine payment option to Class D felonies, but imprisonment time of up to 40 years or 25 years plus 15 years of supervision.
| Wisconsin First Degree Punishment | Prison Range | Maximum Fine |
|---|---|---|
| Class A felonies | Life imprisonment | none |
| Class B felonies | Up to 60 years imprisonment | none |
| Class C felonies | Up to 40 years imprisonment | Up to $100,000 |
| Class D Felonies | Up to 25 years imprisonment | Up to $100,000 |
| Class E felonies | Up to 15 years imprisonment | Up to $50,000 |
| Class F felonies | Up to 12 and a half years imprisonment | Up to $25,000 |
| Class G felonies | Up to 10 years imprisonment | Up to $25,000 |
| Class H felonies | Up to 6 years imprisonment | Up to $10,000 |
| Class I felonies | Up to 3 and a half years imprisonment | Up to $10,000 |
What is the Maximum Sentence for a Class A (First Degree) Felony in Wisconsin?
The maximum sentence for a first-degree felony in Wisconsin is life imprisonment, which is the sentence for Class A felonies. The most serious felonies, according to Wisconsin Statutes, are grouped under Class A felonies and are punishable by a life term according to Wisconsin Statutes § 939.50. There are certain factors that could contribute to the reduction of this sentence or the actual time served. Such factors include the existence of prior offenses for repeat offenders, weapon enhancements while committing the felony, or hate crimes/other aggravating circumstances. These factors may increase penalties for the crime, but will ultimately not increase the maximum sentence beyond a life term.
What is First Degree Murder in Wisconsin?
According to Wisconsin Statute 940.01, first-degree murder in Wisconsin is called First Degree Intentional Homicide and refers to when someone causes the death of another human being with the intent to kill that person or another. This offense has certain elements that must be accounted for, such as the intent to kill, which is a key factor. It is classified as a Class A felony, which also covers the death of unborn children. Class A felonies are first-degree felonies in Wisconsin, with the highest sentence of life imprisonment since the death penalty was abolished in 1853.
The life sentence can be with or without the possibility of extended supervision. First-degree intentional homicide is not classified as a first-degree felony explicitly, but as a Class A felony. This puts the offense within a specific sentencing structure with no alternative or lesser sentences. Some defenses that can be used by persons charged with first-degree intentional homicide include provocation, unnecessary defensive force, or prevention of a felony. All these defenses must be adequately proven.
Can First Degree Felony Records Be Sealed or Expunged in Wisconsin?
No, first-degree felonies are not eligible for expungement in Wisconsin because this process is only permitted for offenses with a maximum sentence of 6 years. First-degree felonies are also not eligible for sealing because no Wisconsin law provides for it. However, if the sentence is overturned on appeal or a governor’s pardon is obtained, a first-degree felony may be sealed.
The major alternative for expungement or sealing in Wisconsin is obtaining a governor’s pardon. This is an act of forgiveness by the governor, restoring a convict’s rights lost due to a felony charge. A governor’s pardon does not make a Class A felony conviction eligible for sealing or expungement. The state’s expungement framework focuses on assisting non-violent offenders, which makes serious crimes like felonies ineligible.
Difference Between First Degree and Second Degree Felonies in Wisconsin
First degree and second-degree felonies refer to serious violent crimes based on their severity. However, Wisconsin does not use these terms but classifies felonies from Class A to Class I, with A being the most serious felonies. First degree offenses are generally in Class A felonies with some featuring in Class B such as first degree homicides. Second degree felonies are used to describe a variation of a crime and not the class of the crime.
First degree felonies attract the highest punishment of a life sentence, which is prescribed for Class A felonies. This class of offenses has no fine option. Second-degree felonies are less severe due to a lack of intent or defense, such as provocation. They are generally Class B felonies punishable by up to 60 years imprisonment. The offenses featured under Class B felonies include, typically, second-degree felonies such as second-degree reckless homicide and second-degree intentional homicide. Class A felonies generally feature offenses like first-degree intentional homicide and first-degree reckless homicide.
| Felony Level | Common Crimes | Sentencing Range |
|---|---|---|
| First-degree or Class A felonies | First-degree intentional homicide, first-degree sexual assault when aggravated | Life imprisonment with no maximum fine option |
| Second-degree or Class B felonies | Second-degree intentional homicide, first-degree reckless homicide, serious assaults, and sexual assault variations | Imprisonment for up to 60 years |
Statute of Limitations for First Degree Felony Charges in Wisconsin
Statute of limitations refer to laws that dictate a maximum time following an occurrence during which legal actions must be initiated. After the set time expires, the charge cannot be filed for the offense. They are in place to ensure there is fairness, to prevent an indefinite threat of prosecution, and make sure evidence does not lose too much value. The general rule in Wisconsin is that prosecution must begin for most felonies within 6 years after the crime was committed, which is double the 3-year period for misdemeanors.
However, there are some exceptions to the statute of limitations in Wisconsin based on the crime. Felonies such as felony murder, first-degree sexual assault, and second-degree intentional homicide have no statute of limitations. Similarly, first-degree intentional homicide can be prosecuted at any time.
Probation and Parole Eligibility for Class A (First Degree) Felonies in Wisconsin
Wisconsin laws do not allow probation for anyone convicted of any offense whose punishment is life imprisonment, according to Wisconsin Statutes § 973.09(1)(c). Class A felonies, such as first-degree intentional homicide, are punishable by life imprisonment. However, probation may be possible for first-degree felonies if the statute does not prevent probation for the particular crime or the felony does not attract a life sentence.
According to the Truth-in-Sentencing laws, parole or extended supervision is not available to anyone convicted of felonies. These laws apply to offenses that occurred after December 31, 1999. This means that persons convicted of a felony will not be eligible for parole or early release with supervision, while parole may be available for cases before the year 2000.
| Term | Definition | Eligible for First Degree Felons |
|---|---|---|
| Probation | A court ordered supervision pending or concurrently with imprisonment, with conditions imposed | No, state laws do not allow probation for any felony punishable by life imprisonment |
| Parole | Premature release from prison based on the parole board’s decision | No, the Truth-in-Sentencing Act prohibits parole for felony cases beyond December 31, 1999 |
Impact of a First Degree Felony Conviction on Criminal Records in Wisconsin
First-degree felonies are grave crimes and are handled as such by the state. When there is an arrest and conviction, first-degree felonies will remain on your criminal history record with the Wisconsin Department of Justice. It will also show in the records of correctional facilities and the courts. Felony convictions may affect employment opportunities in cases where the crime is significantly related to the job role. However, employers may not automatically disqualify applicants because of any felony conviction.
Felony convictions may also affect your housing chances, as landlords generally run background checks. It will also result in a loss of your firearm rights, with minimal chances of it being restored. There are also severe consequences for non-citizens, as they could be deported or unable to naturalize according to federal laws. Voting rights are not available to a convicted felony while serving the sentence. However, completion of the sentence will restore all voting rights automatically. Most first-degree felony records cannot be sealed, while expungement is generally not allowed for felonies. Thus, it usually becomes a permanent part of your records, with little chance of being sealed.