What is a Second Degree Felony in Wisconsin?

In Wisconsin, a felony is an indictable offence punishable by a sentence of at least one year. Felonies are generally divided into three categories: first-degree felonies, second-degree felonies, and third-degree felonies. First-degree felonies are the most serious types of crimes a person can commit, such as murder or sexual assault. Meanwhile, second-degree felonies are less severe but carry harsher punishments than third-degree offenses and misdemeanors. However, Wisconsin law does not classify felonies. These classes range from Class A to Class I, with felonies in Class A carrying the harshest punishments, while offences in Class I are the least severe.

Which Crimes Are Considered Second Degree Felonies in Wisconsin?

Despite felonies being divided into different classes, a few crimes are explicitly defined as "second degree" crimes in the Wisconsin Statutes. For instance, second-degree sexual assault is detailed in Section 940.225(2) and is classified as a Class C felony. Second-degree sexual assault of a child is outlined in Section 948.02(2) and also carries Class C penalties.

Another example is second-degree intentional homicide outlined in Section 940.05. This crime occurs when someone causes another person’s death with intent but under mitigating circumstances, making it less severe than first-degree homicide. It is classified as a Class B felony.

Additionally, second-degree reckless homicide under Section 940.06 addresses reckless killings that are less aggravated than first-degree reckless homicide. Other mid-level felonies in Wisconsin may also fall into the "second-degree" category, including specific drug or property crimes, even if they do not have that label.

What is Second Degree Murder and How is it Classified in Wisconsin?

Section 940.05 of the Wisconsin Statutes provides for the state’s equivalent of second-degree murder, which is referred to as second-degree intentional homicide. The difference between this offense and first-degree deliberate homicide is the presence of mitigating factors like provocation or lack of planning. Although the person intended to kill, which makes it more serious than manslaughter or reckless homicide, the existence of these factors lessens the severity of the charge. Second-degree intentional homicide qualifies as a Class B felony, which ranks just below Class A.

Wisconsin Second Degree Felonies Penalties and Punishments

Penalties for crimes categorized as “second degree” differ based on the specific statute. For example, a Class B felony like second-degree intentional homicide can lead to a maximum of sixty years in prison. On the other hand, a Class C felony, such as second-degree sexual assault, may result in up to forty years of incarceration and fines reaching $100,000.

In Wisconsin, sentences are typically split into an initial prison confinement period followed by a phase of extended supervision in the community. Other offenses classified as second-degree crimes, like second-degree reckless homicide, have lower maximum sentences but still entail lengthy imprisonment and supervision periods.

Are Second Degree Felony Records Public in Wisconsin?

In Wisconsin, felony conviction records are generally considered public. Court records are available through the Wisconsin Circuit Court Access (WCCA) system, which lists criminal cases statewide. Unless a record is expunged or sealed, the conviction remains visible to anyone who conducts a search. Some details, such as sensitive victim information, may be redacted, but the basic case and conviction remain available.

How to Access Second Degree Felony Court Records in Wisconsin

Parties who need to access court case information in Wisconsin should follow these straightforward steps:

1. Start by identifying the county or circuit court where the case was filed (for instance, Dane County Circuit Court or Milwaukee County).
2. Use the Wisconsin Circuit Court Access (WCCA) online portal to look up circuit court cases. Record seekers can search using names, case numbers, and other relevant information.
3. If a person cannot find all the documents they need on WCCA, they should visit the court clerk in that county, either in person or online, and request the criminal case files.
4. Contact the Wisconsin Department of Justice’s Crime Information Bureau (CIB) for a more detailed criminal history record.

Interested parties can also utilize third-party public record services, but should verify the accuracy of the information. Record seekers should continually educate themselves on local privacy rules, as some records might need redaction or have restricted access due to sensitive information.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes, there are a few ways a defendant can have their felony charges dismissed or reduced. A plea bargain is one of the most common ways to achieve this. In this case, the defendant will plead guilty to a lesser offense to get a lighter sentence. For example, if faced with a second-degree murder charge, an offender may plead guilty to manslaughter, citing provocation as the cause.

In some instances, charges might be dropped if substantial evidence is not allowed or the prosecution does not prove its case. There might be options like diversion programs or delaying prosecution for less serious crimes, but this is quite rare for violent felonies. Ultimately, whether a second-degree felony can be reduced or dismissed depends on how strong the case is and the approach the defense takes.

Is it Possible to Expunge or Seal a second-degree Degree Felony or Murder Record in Wisconsin?

According to Section 165.84(1) of the Wisconsin statutes, a person may request the removal of fingerprint records for felony arrests that did not result in charges. If it did lead to charges, they were found not guilty. However, there is no law to seal or expunge arrest or court records for cases without convictions, as expungement only applies to cases with convictions. Individuals may be able to remove arrest records and dismiss charges from the Criminal Intelligence Bureau (CIB) and Consolidated Court Automation Programs (CCAP) after two years post-dismissal.

To expunge a felony conviction in Wisconsin, a few conditions must be met:

1. The crime must be a non-violent felony with a maximum jail term of six years, primarily from the Class H and Class I categories (per Section 301.048(2)).
2. The individual must have been 25 or younger when the crime was committed or under 18 for specific sex-related privacy offenses (Section 942.08).
3. There should be no prior felony convictions.
4. Requests for expungement should be made at the time of sentencing and are at the court’s discretion.
5. The sentence must be completed, including all probation requirements.

Individuals do not need to file a petition if the court approves expungement during sentencing and all conditions are satisfied. Expungement may happen automatically once a discharge certificate is issued and filed with the court.

How Long Do Second-Degree Felony Records Stay Public in Wisconsin?

A felony conviction may remain on a person's record indefinitely if they were not determined eligible for expungement at the time of their sentencing. This also applies to individuals who qualified for expungement but did not fulfill all requirements, which may include:

• Completing their jail sentence
• Avoiding further criminal offenses after qualifying for expungement
• Meeting other probation conditions and not having their probation revoked

Once the expungement conditions are met, and the detention or probation authority sends a copy of the discharge certificate to the court of record, the rest of the expungement process is carried out automatically.