In Wisconsin, “A crime is conduct which is prohibited by state law and punishable by fine or imprisonment or both. Conduct punishable by only a forfeiture is not a crime.” Wis. Stat. § 939.12.
Crimes are classified as either misdemeanors or felonies. Felonies range from Class A to Class I and carry different penalties:
A Class A felony is punished by a sentence of up to life imprisonment.
A Class B felony is punished by a sentence of up to 60 years prison.
A Class C felony is punished by imprisonment of up to 40 years, a fine of up to $100,000.00, or both.
A Class D felony is punished by imprisonment of up to 25 years, a fine of up to $100,000.00, or both.
A Class E felony is punished by imprisonment of up to 15 years, a fine of up to $50,000.00, or both. A Class F felony is punished by imprisonment of up to 12 years and 6 months, a fine of up to $25,000.00, or both.
A Class G felony is punished by imprisonment of up to 10 years, a fine of up to $25,000.00, or both.
A Class H felony is punished by imprisonment of up to 6 years, a fine of up to $10,000.00, or both.
The lowest level felony is a Class I felony, which is punished by imprisonment of up to 3 years and 6 months, a fine of up to $10,000.00, or both.
It’s important to point out that the entire term of imprisonment will not be spent in prison. Felony sentences in Wisconsin are bifurcated, meaning they’re split into two parts: Initial confinement and extended supervision. Misdemeanor sentences spent in prison are also subject to this rule.
For a Class B felony, the term of confinement in prison may not exceed 40 years. The term of extended supervision may not exceed 20 years.
For a Class C felony, the term of confinement in prison may not exceed 25 years. The term of extended supervision may not exceed 15 years.
For a Class D felony, the term of confinement may not exceed 15 years. The term of extended supervision may not exceed 10 years.
For a Class E felony, the term of confinement may not exceed 10 years. The term of extended supervision may not exceed 5 years.
For a Class F felony, the term of confinement may not exceed 7 years and 6 months. The term of extended supervision may not exceed 5 years.
For a Class G felony, the term of confinement may not exceed 5 years. The term of extended supervision may not exceed 5 years.
For a Class H felony, the term of confinement may not exceed 3 years. The term of extended supervision may not exceed 3 years.
For a Class I felony, the term of confinement may not exceed 1 year and 6 months. The term of extended supervision may not exceed 2 years.
For any crime other than the felonies discussed above and certain attempted felonies, the term of confinement in prison may not exceed 75% of the total length of the bifurcated sentence. The term of extended supervision may not be less than 25% of the total length of the term of confinement in prison.
When a life sentence is imposed, special rules apply. The court is provided a few options: find that the person is eligible for extended supervision once he has served 20 years in confinement; determine a certain date after serving 20 years for release to extended supervision; or find that the person is not eligible for extended supervision. A person sentenced under this procedure is not eligible for parole. If the court finds that the person qualifies as a “persistent repeater,” that person shall be sentenced without the possibility of parole or extended supervision.
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