Repeat Offender Laws and Enhanced Sentencing in Wisconsin

 Posted on May 06, 2025 in Criminal Defense

According to the Wisconsin Department of Corrections, the state’s recidivism rate has been between 40 and 50 percent since 2000, with recent increases in re-arrests, re-incarcerations, and re-convictions. It is generally accepted that the higher a state’s recidivism rate, the more needs to be done to improve the rehabilitation and education systems inside the prisons.

Wisconsin’s recidivism rate is far from the highest in the United States – overall, the rate of recidivism across the United States is 70 percent within 5 years of release. Prisoners are often released with few job skills and, depending on their offense, may not be able to secure employment even when they have the necessary education and skills.

This creates a snowball effect, eventually leading to another crime being committed, often out of desperation. If you are facing criminal charges and you have a prior conviction for a criminal offense, it can be very anxiety-inducing to think about what sentence you could be given if found guilty. Wisconsin, like most states, has enhanced sentencing for repeat offenders.

This is not the time to try to handle your criminal charges on your own. In order to avoid enhanced sentencing, you need an aggressive, experienced Ozaukee County, WI criminal defense attorney. When you have a knowledgeable attorney focused on preventing another conviction on your record, you stand a much better chance of a positive outcome.

What Are Repeat Offender Time Periods in Wisconsin?

A defendant who has been convicted of three or more misdemeanors or one or more felonies in the five years that precede the current conviction will be considered a repeat offender. The defendant will not be deemed a repeat offender if his or her prior conviction has been amended to a non-criminal charge, reversed, or vacated. However, when determining repeat offender status, a prior criminal conviction that ended in a pardon, suspension, or was stayed or withheld will be taken into consideration.      

Enhanced Sentencing for Repeat Offenders

If an individual’s prior convictions were all misdemeanor crimes, and the sentence for a current felony or misdemeanor crime is up to one year, a repeat offender could have that sentence increased to two years. If an individual has at least one felony conviction, and the sentence for the current offense is between one and 10 years, the sentence can be extended by up to four years. If the individual’s prior offenses were misdemeanors and the current crime has a potential sentence of more than ten years, the current sentence can be increased by up to two years. If the priors were felonies, the current sentence can be increased by up to four years.  

What Is the Three Strikes Law in Wisconsin?

Under Wisconsin's "three strikes" law, repeat offenders can face especially harsh sentences. A person convicted of three or more serious or violent felonies could face up to 25 years in prison with no possibility of parole if convicted under the three strikes law. The criminal offenses that fall under the three-strikes law include:

• Homicide, murder, and vehicular homicide
• Kidnapping
• Arson
• Felony drug crimes
• Carjacking
• Armed burglary
• Sexual assault or exploitation of a child
• Abduction of a child

A person currently convicted of a serious child sex offense who has a prior conviction for another serious sex offense could be sentenced under the three-strikes law. Those facing three-strikes penalties should consult with an aggressive and experienced criminal defense lawyer who will work hard to negotiate a plea that reduces the current offense to one that does not qualify under the three-strikes law or obtain an acquittal.

Contact a Milwaukee County, WI Criminal Defense Lawyer

If you are facing enhanced sentencing or three-strikes penalties for a currently charged crime, speaking to a Dodge County, WI criminal defense attorney from Bucher Law Group, LLC is the best step you can take to safeguard your future. Attorney Bucher spent 20 years as the Waukesha County District Attorney, and this unique perspective benefits his clients. He has litigated thousands of cases, including drug cases, DUIs, and homicides. Call 262-303-4916 today to schedule your free consultation.