What Is the Difference Between a Misdemeanor and a Felony in Wisconsin?

 Posted on June 30, 2026 in Criminal Defense

Criminal offenses in Wisconsin fall into two categories: misdemeanors and felonies. Which one applies to your case determines where you could serve time, how long your sentence might be, and what rights you stand to lose. A Milwaukee County, WI criminal defense attorney can review your charges and explain your options.  

What Makes a Charge a Felony Instead of a Misdemeanor in Wisconsin?

Under Wisconsin Statute § 939.60, a crime punishable by imprisonment in the Wisconsin state prison system is a felony. Crimes punishable only by county jail are generally misdemeanors.

Misdemeanors include crimes such as disorderly conduct and battery, with a maximum punishment of county jail time. Felonies cover more serious offenses such as homicide, armed robbery, and sexual assault, where the legislature has decided state prison time is warranted. 

In 2023, Wisconsin circuit courts received more than 57,000 new misdemeanor cases and nearly 52,000 new felony cases, according to the Wisconsin Court System's Caseload Statistics. Those numbers show that criminal charges at both levels move through Wisconsin courts every day, and the classification shapes how a case unfolds.

What Are the Penalties for a Wisconsin Misdemeanor?

Under Wisconsin Statute § 939.51, misdemeanors fall into three classes:

• Class A is the most serious, with a maximum jail term of up to nine months and a fine of up to $10,000. Battery and theft under $2,500 are common examples.

• Class B carries a maximum jail term of 90 days and a fine of up to $1,000. Disorderly conduct is one example.

• Class C is the least serious, with a maximum jail term of 30 days and a fine of up to $500.

A misdemeanor conviction goes on your permanent record and will appear on background checks for jobs, housing, and professional licenses. 

What Are the Penalties for a Wisconsin Felony?

Felonies are punishable by state prison under Wisconsin law, although not every felony conviction results in a prison sentence. Under Wisconsin Statute § 939.50, felonies are classified from Class A through Class I:

• Class A carries a mandatory life sentence. First-degree intentional homicide falls here.

• Class B carries a maximum sentence of 60 years in prison.

• Classes C and D carry maximum terms of 40 and 25 years, respectively.

• Classes E through G range from 10 to 15 years.

• Classes H and I, the least severe, carry maximums of six years and three and a half years. Fleeing police and certain drug offenses are often charged at this level.

A felony conviction can affect your right to vote, serve on a jury, and possess a firearm. Some of those rights are restored after you complete your sentence, while others may require additional legal action.

How Does Charge Classification Change the Way a Wisconsin Criminal Case Is Prosecuted?

Whether you are charged with a misdemeanor or a felony changes how your case moves through the court system from the very first hearing. Felony cases include a preliminary hearing, during which the state must show probable cause before the case can proceed. Misdemeanor cases skip this step entirely. In a felony case, that additional step gives a defense attorney more formal opportunities to challenge the evidence and the charges before trial begins.

Classification also shapes what happens at sentencing if the case goes that far. Wisconsin law allows prosecutors to seek sentence enhancements that can increase the maximum penalty for certain crimes.

Carrying a weapon during a crime can add up to five years under Wis. Stat. § 939.63, and a prior felony record can push the maximum even higher under Wis. Stat. § 939.62. This is why the charge listed in the complaint often does not reflect the full potential prison time the person actually faces.

Can a Misdemeanor Charge in Wisconsin Be Elevated to a Felony?

A misdemeanor can become a felony based on your prior record or the severity of the harm caused. OWI is a good example of how quickly charges escalate. A first-time OWI is treated as a civil forfeiture with no criminal conviction. A second offense becomes a criminal misdemeanor. By the fourth offense, the charge is a felony. 

The type of harm involved can also change the classification. A misdemeanor battery charge, for instance, can be upgraded to a felony if the victim suffers great bodily harm. Having an attorney review the circumstances is important, as there may be grounds to challenge the classification, negotiate a charge reduction, or contest an enhancement before sentencing.

Contact a Jefferson County, WI Criminal Law Attorney for a Free Consultation

Attorney Paul Bucher spent 20 years as the Waukesha County District Attorney, personally handling thousands of serious criminal cases across the state. If you are facing criminal charges, reach out to a Milwaukee County, WI criminal defense lawyer at Bucher Law Group, LLC for a free consultation. Call 262-446-9222 today.