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
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
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.
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 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.
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 information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Wisconsin Statutes — Criminal. For advice about your specific situation, consult a licensed attorney.
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