Class H Felony in Wisconsin

In Wisconsin, felonies are classified into nine categories, ranging from Class A (the most severe) to Class I (the least severe). This classification system helps determine the severity of the offense and its corresponding punishment. Each class dictates the maximum imprisonment term, fine, or both, depending on the crime’s nature and circumstances.

For first-time offenders of a Class H felony in Wisconsin, the judge may consider alternative sentencing options, such as probation, deferred prosecution agreements, or participation in a treatment program, especially if the crime was non-violent or did not result in serious harm.

In most scenarios, a Class H felony in Wisconsin does not have a mandatory minimum sentence. This means that the judge has discretion when determining the appropriate sentence based on the specifics of the case, such as the severity of the offense, the defendant’s prior criminal record, and other mitigating or aggravating factors, as well as special considerations. Although a Class H felony is not as serious as other felony classifications, every case has potential weaknesses. With a thorough investigation, these weaknesses can be uncovered and leveraged for the best possible defense.

“At Tracey Wood and Associates, our mission is to empower, educate, and defend individuals facing Class H felony charges in Wisconsin, while working tirelessly to achieve the best possible outcome for every case.”

Achieving the best possible outcome means not only minimizing or eliminating legal consequences but also restoring your sense of stability and control over your life. It’s about emerging from a challenging situation to a place of safety and rebuilding your future, reputation, and peace of mind. At Tracy Wood and Associates, the majority of Class H felony cases they defend are resolved with a dismissal, acquittal, or significant reduction of charges. This result provides clients with the chance to move forward without the weight of a criminal record or the lasting effects of unjust repercussions, allowing them to rebuild their lives with confidence and dignity.

What Is the Difference Between a Felony and a Misdemeanor?

Felonies and misdemeanors are defined by the length of the prison sentence and the amount of fines in Wisconsin. Crimes with sentences of less than one year are misdemeanors. Crimes with sentences of one year or more are felonies.

What Are the Penalties for a Class H Felony?

Wisconsin law states that Class H felonies carry a prison sentence of up to six years.

What Are the Fines for a Class H Felony?

Class H felonies in Wisconsin carry fines of up to $10,000.

What Happens to Repeat Offenders if They’re Charged with a Class H Felony?

Having prior convictions will increase the severity of future charges. Repeat offenders may face prison sentences up to two years longer for prior misdemeanor convictions, and up to six years longer with previous felony convictions.

Can You Immediately Appeal a Class H Felony?

Yes, but you only have 20 days to do so. After your sentence, you have 20 days to file a “notice of intent to seek post-conviction relief.” Depending on the type of appeal you file, one of two things could happen next. If we bring new evidence to the case, we could go back to the trial court. If we feel your constitutional rights have been violated, we could go straight to the Court of Appeals.

Can a Class H Felony Be Reduced to a Different Class?

Yes, and there are a few ways to do so. Before trial, we have the opportunity to negotiate with the prosecutor on the charges and sentencing they plan to seek. If they agree to reduce charges, the state must approve them as well. At trial, we can petition to include a “lesser included offense” with the charges the jury considers, and they can convict on that lesser charge if they choose.

What Are Some Consequences of Having a Criminal Record?

Felony convictions affect your life beyond jail time and fines. Future charges will involve more severe punishments. Your future employment and housing options may also be limited because employers and landlords will see a felony on your permanent record. Your child custody and visitation rights could also be revoked.

What Are the Civil Liberties That Are Removed from Somebody That Has a Felony Conviction?

In addition to being held in confinement, felons are barred from their right to possess firearms. Voting rights and the ability to serve on a jury will also be revoked during the sentence and through the completion of any probation.

Is There a Way to Get Early Parole with a Class H Felony?

Parole may be possible, but it depends on the circumstances of each case.

Can Probation Be an Option for a Class H Felony in Wisconsin?

Yes, probation is a potential outcome for Class H felony convictions in Wisconsin. It is more likely to be granted if the offense was non-violent, the defendant has no prior criminal record, and there are mitigating circumstances. Judges have discretion in sentencing and may consider probation as an alternative to imprisonment, depending on the specifics of the case and the defendant’s background.

Will a Class H Felony Conviction Cause Someone to Be Removed or Deported from the U.S.?

Potentially. Deportation depends on a number of factors, including the length of time you’ve lived in the U.S., your visa and immigration status, and the type of crime. The following crimes result in deportation more frequently than others:

• •  Drug charges
• •  Controlled substances charges
• •  Aggravated crimes
• •  Domestic violence
• •  Crimes of moral turpitude (crimes that violate moral community standards)

Potential Defenses for Class H Felonies in Wisconsin

When dealing with a Class H felony charge, it’s essential to recognize that there are countless strategies available to pursue a dismissal, acquittal, or reduction of the charges. Because every case is different, the most effective defense approaches depend on the unique facts, evidence, and circumstances at play. Below are a few examples of powerful defense strategies that can be applied to many types of Class H felony cases:

1. Insufficient Evidence

Challenge the amount, reliability, or credibility of the evidence provided by the prosecution. If the evidence doesn’t prove guilt beyond a reasonable doubt, the case could be dismissed or lead to an acquittal.

2. Mistaken Identity or False Accusation

Argue that the defendant was wrongly identified or falsely accused due to unreliable witness testimony, flawed identification methods, or lack of physical evidence linking the defendant to the crime.

3. Violation of Constitutional Rights

Claim that law enforcement violated the defendant’s rights, such as through illegal searches, unlawful detainment, or not providing Miranda warnings. Any evidence obtained through these violations can be suppressed.

4. Lack of Intent

Many Class H felonies require proving that the defendant intended to commit the crime. If it can be shown that the defendant acted without intent or by accident, the charge may be reduced or dismissed.

5. Police or Prosecutor Mistakes or Misconduct

Argue that mistakes or unethical actions by law enforcement or the prosecution compromised the case. This can include mishandling evidence, failing to disclose exculpatory evidence (evidence that could exonerate the defendant), filing incorrect charges, or procedural errors. Any of these issues could lead to the suppression of evidence, reduced charges, or dismissal of the case.

Don’t Lose Hope

Feeling confident about your case, your defense team, and your trial is key to maintaining your well being throughout this trying time. At Tracey Wood & Associates, we help you regain hope by listening to your side of the story and finding the best way to present it to the court. We’ll advise you on everything you’re facing, and that knowledge gives you power.

Take back control by contacting us to schedule a free, no-obligation consultation online.