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Wisconsin Criminal Defense Laws

Wisconsin classifies felonies from Class A (life) through Class I (3.5 years) and misdemeanors from Class A (9 months) through Class C (30 days). Wisconsin was the first state to permanently abolish the death penalty (1853) and has not had capital punishment for over 170 years. Expungement is restrictive — it must be ordered at the time of sentencing (not retroactively) and is limited to offenders under 25 for crimes with 6 years or less maximum imprisonment. First-offense OWI/DUI is a civil forfeiture, not criminal.

Last verified: 2026-02-25

Statute of Limitations

No limit (Class A felonies); 6 years (other felonies); 3 years (misdemeanors)Wis. Stat. § 939.74

Class A felonies (1st degree homicide, 1st degree sexual assault, treason) have no statute of limitations. Most other felonies: 6 years. Misdemeanors: 3 years. Special periods: 2nd degree reckless homicide (15 years), sexual assault of a child (10 years).

Key Wisconsin Statutes

Felony ClassificationWis. Stat. § 939.50

Class A: life. Class B: 60 years. Class C: 40 years ($100K fine). Class D: 25 years ($100K). Class E: 15 years ($50K). Class F: 12.5 years ($25K). Class G: 10 years ($25K). Class H: 6 years ($10K). Class I: 3.5 years ($10K). Wisconsin has 9 felony classes — more gradations than most states.

Death Penalty — Abolished 18531853 Wis. Laws, Ch. 101

Wisconsin was the first state to permanently abolish the death penalty (July 10, 1853). Only one execution was ever carried out (John McCaffary, 1851, widely regarded as botched). No capital punishment for over 170 years — longer than any other state.

Expungement (Restrictive)Wis. Stat. § 973.015

Expungement is available only at the time of sentencing (not retroactively) for persons under age 25 at the time of the offense, for crimes with a maximum sentence of 6 years or less. The court must find the person will benefit and society will not be harmed. Record is expunged upon successful completion of the sentence.

OWI/DUI — First Offense CivilWis. Stat. §§ 346.63, 346.65

First-offense OWI is a civil forfeiture ($150-$300), not criminal. Second offense: Class A misdemeanor. Third: potential Class G felony if within 5 years. Fourth+: felony regardless of timeframe.

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Wisconsin.

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