What Is a Class I (Third-Degree) Felony in Wisconsin?

Third-degree felonies in Wisconsin refer to lower-class felonies, such as Class H or Class I, which are the least severe felonies in Wisconsin. Class I felonies are punishable by up to 3 ½ years imprisonment or a fine of up to $10,000, or both, according to Wisconsin Statutes § 973.01. While this class of felonies is considered the least serious, having a conviction carries similar long-term effects as more serious felony offenses.

Class I felonies are not misdemeanors because of the possibility of jail time and the felon label it attracts. Unlike most other convictions, ex-felons are subjected to supervision after serving their prison sentence, which usually has conditions according to Wisconsin Statutes § 973.01. Felony convictions will become permanent on your records, with minimal success for expungement. Some crimes that are grouped as Class I felonies include forgery, identity theft, aggravated stalking, theft of property valued between $5,000 and $10,000, strangulation & suffocation, operating while intoxicated (OWI), battery to a law enforcement officer, public officer, or firefighter, and more.

Note: The Wisconsin justice system uses a different felony classification to express the severity of a crime. Unlike other states that classify felonies based on degree, Wisconsin uses Classes ranging from A to I, with Class A felonies being first-degree felonies according to Wisconsin Statutes § 939.50.

Common Offenses That Fall Under Class I (Third-Degree) Felony Charges

Class H and I offenses in Wisconsin are the lower-tier felonies, which carry less severe elements. They are the types of crimes that do not have aggravating factors such as the use of a gun. One of such offenses is theft of property valued between $2,500 and $5,000, described in Wis. Stat. § 943.20(3)(a). Aggravated battery is in this class of felonies and is described as when battery results in significant body harm or is done using a dangerous weapon.

Unauthorized use of personal identifying information is described in Wis. Stat. § 943.201 as identity theft. It is the use of another person’s personal information, such as a credit card and social security number, without their consent for any form of benefit. It is a Class H felony, like Strangulation. The offense of fourth or subsequent operating while intoxicated (OWI) stipulates that drunk driving can be charged as a Class H felony if it is a repeated offense, usually on the fourth charge.

Penalties and Sentencing for Third-Degree Felonies in Wisconsin

Felonies are generally punishable by at least one year of imprisonment or a fine, or both. In Wisconsin, there are statutory penalties for the classes of offenses which are third degree felonies, Class H and I. according to Wis. Stat. § 939.50(3), Class H offenses are punishable by a fine of up to $10,000 or 6 years prison sentence while Class I felonies carry a maximum sentence of 3 years and 6 months or up to $10,000, or both. This means that all offenses will be sentenced within the limits of these provisions. However, the sentence for each case depends on various factors such as the offender’s criminal history, how serious or severe the crime was, or if there was any aggravating circumstance in the crime. Persons who have prior felony convictions or whose crime was violent or involved the use of a weapon will be subjected to the higher end of the sentencing limit. There may be negotiations for a reduction of charges or plea deals between defense lawyers and prosecutors, which also affect the penalties for third-degree felonies. There are also statutory limits for initial incarceration according to Wis. Stat. § 973.01(2)(b)8-9, with Class H having an initial confinement limit of up to 3 years of the complete sentence and Class I having up to 1 year and 6 months initial confinement limit.

Will You Go to Jail for a Third-Degree Felony in Wisconsin?

Yes, offenders who are convicted of a third-degree felony will likely be remanded to jail as part of the punishment. While it is not assured, it depends on the nature of the crime and how severe it was. The offender’s prior record also determines if they will be subjected to third-degree felony jail time. Offenders who are ex-felons are more prone to prison sentences than persons without a conviction record. While there is statutory jail time for Class H and I offenses, the exact sentence depends on the factors listed above and the court’s discretion. This means that there are specific alternatives to jail time in Wisconsin. These alternatives are generally available to first-time offenders or cases where there are no aggravating factors or result in severe harm.

How Long Does a Third-Degree Felony Stay on Your Record?

A felony conviction in Wisconsin will remain on your records permanently because there are no provisions for automatic removal. Individuals who have been convicted of a third-degree felony will have the court’s verdict publicly available on their records until they apply for it to be removed or sealed. According to Wisconsin Statutes, there are certain exceptions under which offenders can remove felony convictions from their public records. These exceptions form a list of conditions that can make you eligible for expungement in Wisconsin. It is easier to expunge arrests because the case has not been established yet. There are also certain felony offenses that do not qualify for expungement due to their violent or recurring nature. Note that the statute for expungement only covers non-violent felonies with a maximum of 6 years imprisonment. Thus, crimes that carry higher punishment are generally disqualified from being removed.

Can a Third-Degree Felony Be Sealed or Expunged in Wisconsin?

Yes, the class of felonies that equate to third-degree felonies in Wisconsin may be expunged according to Wis. Stat. § 973.015. This statute guides the removal of felony convictions from public records through a process called expungement. Expungement is a special disposition to the court for a public record to be sealed after the sentence is completed. There are certain conditions that must be met for a third-degree felony conviction to be expunged from public records. They include:

• The offender must have been below 25 years old when the offense was committed
• It must be an offense with a maximum sentence of 6 years or less
• The offender does not have a prior felony conviction, or the offense is a violent felony
• The sentence must have been completed with probation
• The court may decide that the record is expunged when sentencing the offender.

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

Wisconsin uses a different system to classify felonies. The state classifies from Class A, which represents the most severe felonies, to Class I, which means the least severe, according to Wis. Stat. § 939.50. First-degree felony offenses are grouped in Wisconsin’s Class A felonies, which include crimes such as first-degree intentional homicide. They are offenses that involve extreme violence, which result in serious harm such as death.

Class B felonies are as serious as Class A felonies but are less violent and carry less punishment. For example, Class A felonies are punishable by death or life imprisonment with or without parole, while Class B felonies are punishable by up to 60 years imprisonment. Second-degree felonies are equivalent to offenses grouped in Classes D to G in Wisconsin. They include offenses with less extreme violence, such as aggravated assault, drug trafficking, burglary, and more. These offenses carry up to 12 years and 6 months imprisonment or a fine of up to $25,000. Unlike Class A and B felonies, second-degree felonies generally do not have the exact violent nature or do not involve repeat offenders.

Third-degree felonies or Class H and I felonies in Wisconsin are the least serious offenses with a maximum imprisonment of up to 6 years and at most $10,000 fine. They are crimes with little to no aggravating elements due to their nonviolent nature. Unlike higher felonies, Class H or I felonies are crimes that generally cause less harm but are still serious offenses.

How to Look Up Class I (Third-Degree) Felony Records in Wisconsin

Third-degree felonies in Wisconsin can be looked up through the criminal justice institutions of the state. Law enforcement agencies have access to a system that shows individuals who have been convicted of felonies. The courts also maintain records of cases from arraignment to sentencing for third-degree felonies. These agencies can be approached in person with records requests to look up third-degree felonies. Mail requests can also be sent to these agencies with the sufficient details required for a records search.

The Department of Justice also maintains a centralized criminal history database where the public can check arrests, dispositions, charges, sentencing, and more. This database can also be accessed and searched online through the Wisconsin Online Record Check System. The court also provides a similar online search platform as an alternative to requesting case records from the clerk of court or county clerk where the case was filed.

Additionally, the Wisconsin Court System - Case Search is a search tool with public access to the state's court records across all courts. This search platform is available free of charge. None of these access methods will provide confidential or sealed case records without the submission of the required access credentials. Juvenile records are also sealed and removed from publicly accessible platforms.

Probation and Parole for Third-Degree Felony Offenders

Individuals who are convicted of third-degree or Class H/I felonies in Wisconsin may be eligible for parole or probation based on the case, their prior record, or the statute. It is not a guarantee because felonies are generally serious crimes with severe punishment. Probation refers to a court-sanctioned supervision of a convicted felon in addition to or instead of serving time in prison, according to W.S. § 7-13-302. On the other hand, a parole is a conditional release under supervision before completion of the sentence.

There are certain crimes that will not allow an offender to qualify for first offender treatment or full probation, while individuals with prior felony convictions are less likely to be granted probation or parole. The severity of the crime also affects a convict’s chances of being eligible for parole or probation. Use of force, weapon, or cause of serious injuries to victims contributes to aggravating factors that cause ineligibility for probation or parole. Unlike probation, being eligible for parole requires that the offender have served the minimum sentence set by the sentencing judge within statutory limits.