Wisconsin Felony Classes and Misdemeanor Penalties (2026)

Wisconsin draws the felony line by place of punishment: under Wis. Stat. 939.60, "A crime punishable by imprisonment in the Wisconsin state prisons is a felony. Every other crime is a misdemeanor." Felonies are sorted into nine classes, A through I (939.50), and misdemeanors in chapters 939 to 951 into three, A through C (939.51). A prison sentence for a felony committed on or after December 31, 1999, other than a life sentence, is split into a term of confinement and a term of extended supervision, with no parole. For other states, see our guide to felony and misdemeanor classes by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Wisconsin's felony, misdemeanor and forfeiture classes in Wis. Stat. 939.12 and 939.50 to 939.61, the bifurcated sentence rules in 973.01 and 973.014, the sentencing factors in 973.017, the repeat-offender, minimum-sentence and penalty-enhancement statutes in 939.616 to 939.623 and 939.63, and probation and revocation under 973.09 and 973.10. It does not cover how individual offenses are graded (see the Wisconsin theft laws and Wisconsin assault and battery laws pages for two examples), time limits for charges, record clearing, municipal ordinances, or federal offenses (the state-by-state hub covers the federal classes).

Felony, misdemeanor and forfeiture in Wisconsin

Wisconsin law has two kinds of crime and one category of non-criminal violation.

• Crime. Section 939.12 defines a crime as "conduct which is prohibited by state law and punishable by fine or imprisonment or both."
• Felony. A crime punishable by imprisonment in the Wisconsin state prisons (939.60). The test is whether state prison is an available punishment, not the class letter.
• Misdemeanor. Every other crime (939.60).
• Forfeiture. Section 939.12 adds: "Conduct punishable only by a forfeiture is not a crime." A forfeiture is a money penalty with no imprisonment.

A felony "is a Class A, B, C, D, E, F, G, H, or I felony when it is so specified in the statutes" (939.50(2)), and a misdemeanor is a Class A, B or C misdemeanor "when it is so specified in chs. 939 to 951" (939.51(2)). Each offense statute therefore states its own class, or states its own penalty without a class.

Wisconsin felony and misdemeanor classes and penalties

The felony terms in 939.50(3) are totals. Under 973.01(2), the confinement portion of a bifurcated sentence is capped by class and the extended supervision portion has its own cap; together they cannot exceed the 939.50(3) total.

These are the ranges for the class itself. The repeater and persistent repeater rules in 939.62, and the other enhancers described below, set higher maximums, mandatory minimums or life without release for some repeat convictions and some listed offenses.

For Classes C through I, 939.50(3) allows "a fine ... or imprisonment ..., or both." For Classes A and B, the class statute states a term of imprisonment and no fine. The misdemeanor penalties in 939.51(3) likewise allow a fine, imprisonment, or both.

How a Wisconsin sentence works: bifurcated terms, no parole

Wisconsin replaced parole with a split sentence. Under 973.01(1), whenever a court sentences a person to the state prisons "for a felony committed on or after December 31, 1999, or a misdemeanor committed on or after February 1, 2003, the court shall impose a bifurcated sentence." The statute explains: "A bifurcated sentence is a sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113."

The rules that shape the two parts:

• Confinement. The confinement portion "may not be less than one year" and is capped by class, from 40 years for a Class B felony to 1 year 6 months for a Class I felony (973.01(2)(b)).
• Extended supervision. It "may not be less than 25 percent of the length of the term of confinement in prison" and is capped by class, from 20 years for Class B to 2 years for Class I (973.01(2)(d)).
• Total. The total may not exceed the 939.50(3) maximum for a classified felony, or the statute's own maximum for an unclassified one, "plus additional imprisonment authorized by any applicable penalty enhancement statutes" (973.01(2)(a)).
• No good time, no parole. A person "shall serve the term of confinement in prison portion of the sentence without reduction for good behavior" and "is not eligible for release on parole under that sentence" (973.01(4), (6)). The same subsection makes the confinement portion "subject to extension under s. 302.113 (3) and, if applicable, to reduction under" the provisions it lists (302.045(3m), 302.05(3)(c)2.a., 302.113(9g), 973.195(1r) and 973.198).

Life sentences sit outside this scheme. Under 973.01(3), a felony punishable by life is sentenced under 973.014(1g), where the court chooses one of three options: release to extended supervision after 20 years, release on a date the court sets, or no eligibility for release to extended supervision. The life-without-release rules for persistent repeaters, repeat first-degree sexual assault and certain child trafficking offenses are described below. For more on how long a life term lasts, see how long a life sentence is in Wisconsin.

Wisconsin has no sentencing grid in these statutes. Under 973.017(2), for offenses committed on or after February 1, 2003, the court "shall consider" the protection of the public, the gravity of the offense, the rehabilitative needs of the defendant, and any applicable mitigating and aggravating factors. The class maximum is the outer limit the judge works within, not a typical sentence.

Repeat offenders and penalty enhancers

Repeater (939.62(1)-(2)). A person is a repeater if convicted of a felony during the 5 years immediately before the current crime, or of a misdemeanor "on 3 separate occasions during that same period." Time spent in actual confinement serving a criminal sentence is excluded when counting the 5 years, and motor vehicle offenses under chs. 341 to 349 and juvenile-court matters do not count as felonies or misdemeanors for this section (939.62(2), (3)). For any crime punishable by imprisonment, other than escape (946.42) or failure to report (946.425), the maximum term "may be increased" as follows:

• A maximum of one year or less may be increased to not more than 2 years.
• A maximum of more than one year but not more than 10 years may be increased by up to 2 years if the priors were misdemeanors, or up to 4 years if the prior was a felony.
• A maximum of more than 10 years may be increased by up to 2 years for misdemeanor priors, or up to 6 years for a felony prior.

Persistent repeater (939.62(2m)). A person who has been convicted of a "serious felony" (as listed in 939.62(2m)) on 2 or more separate occasions before the serious felony now being sentenced, with at least one of those convictions occurring before the date of another of the prior offenses, is a persistent repeater. So is a person with at least one prior conviction for a "serious child sex offense" who is being sentenced for another. The prior convictions must "remain of record and unreversed." The sentence is fixed by statute: "life imprisonment without the possibility of parole or extended supervision" (939.62(2m)(c)).

Repeat serious sex crimes (939.618). For a person with a prior conviction for first- or second-degree sexual assault (940.225(1) or (2)) who commits another, the court must impose a bifurcated sentence whose confinement portion "may not be less than 3 years and 6 months," and "The court may not place the defendant on probation." If a person with a prior conviction for first-degree sexual assault (or a comparable federal or other-state crime) is convicted of first-degree sexual assault again, the maximum term is "life imprisonment without the possibility of parole or extended supervision" (939.618(2)(b)).

Repeat serious violent crimes (939.619). For certain repeat serious violent crimes, the confinement portion "may not be less than 5 years," and the court may not place the defendant on probation.

Domestic abuse repeater (939.621). When an act of domestic abuse is a crime and the person is a domestic abuse repeater as defined in that section, the maximum term "may be increased by not more than 2 years," and "The penalty increase under this section changes the status of a misdemeanor to a felony."

Other enhancers. Section 939.63 adds time when a dangerous weapon is used in a crime; for a misdemeanor, "The maximum term of imprisonment for a misdemeanor may be increased by not more than 6 months." Section 939.623 raises the maximum when the victim is an elder person (60 or older), or an adult at risk whom the defendant knew to be one: a maximum of one year or less may be increased to not more than 2 years, and longer maximums by up to 4 or 6 years. The firearm-repeater minimum in 939.6195 "does not apply to sentences imposed after July 1, 2022."

Child sex offense and trafficking minimums. Section 939.616 requires at least 25 years of confinement for 948.02(1)(b) or (c) or 948.025(1)(b), bars an extended-supervision eligibility date before 25 years of confinement for 948.02(1)(am) or 948.025(1)(a), and requires at least 15 years for child trafficking (948.051) and at least 5 years for 948.02(1)(d) or 948.025(1)(c); it does not apply to an offender under 18 or where the persistent repeater rule in 939.62(2m)(c) applies. Section 939.6175 requires at least 10 years of confinement for human trafficking (940.302). Section 939.617 requires at least 5 years for 948.05 or 948.075 and 3 years for 948.12 or 948.125; it does not apply to an offender under 18, and in some 948.05 and 948.12 cases where the person is no more than 48 months older than the child, the court may, stating its reasons on the record, impose less or grant probation (939.617(2), (3)).

Unclassified offenses and offenses with no stated penalty

Not every Wisconsin offense carries a class letter. For an unclassified felony, the bifurcated sentence may not exceed "the maximum term of imprisonment provided by statute for the crime" (973.01(2)(a)). Section 939.61 fills gaps where a statute states no penalty:

(1) If a person is convicted of an act or omission prohibited by statute and for which no penalty is expressed, the person shall be subject to a forfeiture not to exceed $200. (2) If a person is convicted of a misdemeanor under state law for which no penalty is expressed, the person may be fined not more than $500 or imprisoned not more than 30 days or both. (3) Common law penalties are abolished.

Can a felony be reduced to a misdemeanor in Wisconsin?

Wisconsin has no general "wobbler" mechanism in the sections covered here. The classification and sentencing sections (939.50, 939.51, 939.60, 939.61, 939.62, 973.01, 973.09 and 973.10) contain no provision that converts a felony conviction into a misdemeanor; whether an offense is a felony depends on whether it is punishable by imprisonment in the state prisons (939.60), and each offense statute states its class.

The movement in these sections runs the other way: the domestic abuse repeater increase in 939.621 "changes the status of a misdemeanor to a felony." Clearing a conviction from the record is a separate subject; see Wisconsin expungement laws.

Forfeitures: Wisconsin's non-criminal tier

A forfeiture is the lowest tier, and it is not a crime (939.12). Under 939.52(3), forfeitures in chapters 939 to 951 are classed as follows:

• Class A forfeiture: up to $10,000
• Class B forfeiture: up to $1,000
• Class C forfeiture: up to $500
• Class D forfeiture: up to $200
• Class E forfeiture: up to $25

An act prohibited by statute with no penalty expressed carries a forfeiture of up to $200 (939.61(1)).

Probation in Wisconsin: length and eligibility

Section 973.09(2) sets the original term of probation.

Felonies. "Not less than one year nor more than either the maximum term of confinement in prison for the crime or 3 years, whichever is greater" (973.09(2)(b)1.). If the person is convicted of 2 or more crimes at the same time, including at least one felony, the maximum may be increased by one year for each felony conviction (973.09(2)(b)2.).

Misdemeanors (973.09(2)(a)):

• 6 months to 2 years for listed misdemeanors, including a misdemeanor committed while possessing a firearm, a misdemeanor that was an act of domestic abuse, and a misdemeanor under 940.225(3m) or chapter 948, among others.
• 6 months to 1 year for other Class A misdemeanors.
• 6 months up to the length of the injunction for violating a domestic abuse or harassment injunction (973.09(2)(ar)).
• Up to 1 year for all other misdemeanors.
• When 2 to 4 misdemeanors are sentenced at the same time, the maximum may be increased by one year; for 5 or more, by 2 years.

A term longer than the statute allows is void as to the excess (973.09(2m)).

Eligibility bars. Among others:

• "When a person is convicted of any crime which is punishable by life imprisonment, the court shall not place the person on probation" (973.09(1)(c)).
• Statutes that require minimum confinement for some repeat offenders also forbid probation, for example 939.618 (repeat serious sex crimes) and 939.619 (repeat serious violent crimes).
• For an offense with a mandatory or presumptive minimum of one year or less, the court may grant probation only if it requires, as a condition, confinement for at least that minimum period (973.09(1)(d)).

What happens after a probation violation in Wisconsin

Under 973.10(2), "If a probationer violates the conditions of probation, the department of corrections may initiate a proceeding before the division of hearings and appeals in the department of administration." Unless the probationer waives it, a hearing examiner holds an administrative hearing and enters an order revoking or not revoking probation. If probation is revoked:

• a person not yet sentenced is brought before the court "for sentence which shall then be imposed without further stay"; and
• a person already sentenced is ordered to prison, with the term beginning the day the person enters prison.

Two other provisions apply. If the probationer signs a statement admitting a violation, the department "may, as a sanction for the violation, confine the probationer for up to 90 days in a regional detention facility or, with the approval of the sheriff, in a county jail" (973.10(2s)). And before probation expires, the court "for cause and by order, may extend probation for a stated period or modify the terms and conditions thereof" (973.09(3)(a)).

Extended supervision after prison is revoked under a separate statute. Under 302.113(9)(am), the reviewing authority may return the person to prison "for any specified period of time that does not exceed the time remaining on the bifurcated sentence."

Recent changes to Wisconsin's penalty statutes

The class tables themselves have been stable: 939.50 was last amended by 2001 Wis. Act 109 and 939.51 by 1997 Wis. Act 35. Recent acts changed the offenses and enhancers around them:

• 2025 Wis. Act 24 (published August 9, 2025) recodified the battery statutes and conformed cross-references in 939.62, 939.619 and 973.017.
• 2025 Wis. Act 56 (published December 10, 2025) raised human trafficking and benefiting from it (940.302(2)(a), (b)) from Class D to Class C felonies and receiving trafficking earnings (940.302(2)(c)) from Class F to Class E, raised child trafficking (948.051) from Class C to Class B, and created minimum confinement terms of 10 years for human trafficking (939.6175) and 15 years for child trafficking (939.616(1s)), for offenses committed on or after its effective date.
• 2025 Wis. Act 88 (published March 7, 2026) created the crime of grooming a child for sexual activity (948.072) and conformed cross-references, including in 939.62(2m) and 973.01(3g).
• 2025 Wis. Act 149 (published April 3, 2026) extended the elder-victim penalty enhancer in 939.623 to crimes against an adult at risk when the defendant knew the victim was an adult at risk.
• 2025 Wis. Act 187 (published April 4, 2026) made child trafficking involving "at least 3 victims who are children" a Class A felony, with "life imprisonment without the possibility of extended supervision" (948.051(1)(b)). The act first applies to offenses committed on its effective date.

Related legal issues

Individual offense statutes place conduct into these classes. The Wisconsin theft laws page explains how theft is graded into them, and the Wisconsin assault and battery laws page does the same for battery. Time limits for bringing felony and misdemeanor charges are on the Wisconsin statute of limitations page.

A felony conviction also matters under federal law: 18 U.S.C. 922(g)(1) makes it unlawful for a person convicted of "a crime punishable by imprisonment for a term exceeding one year" to possess a firearm or ammunition in or affecting commerce, subject to the definitions in 18 U.S.C. 921(a)(20). Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The felony and misdemeanor classes hub covers the federal rules.

Related

• Felony and misdemeanor classes by state
• Wisconsin theft laws
• Wisconsin assault and battery laws
• Wisconsin expungement laws
• How long is a life sentence in Wisconsin
• Minnesota felony and misdemeanor levels
• Illinois felony and misdemeanor classes

This article provides general legal information about Wisconsin law as of 2026-10-17. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Wisconsin.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Wisconsin?

Under Wis. Stat. 939.60, a crime punishable by imprisonment in the Wisconsin state prisons is a felony, and every other crime is a misdemeanor. Conduct punishable only by a forfeiture is not a crime at all (939.12).

What are the felony classes in Wisconsin?

Section 939.50 sets nine classes: Class A (life), B (up to 60 years), C (up to 40 years and $100,000), D (up to 25 years and $100,000), E (up to 15 years and $50,000), F (up to 12 years 6 months and $25,000), G (up to 10 years and $25,000), H (up to 6 years and $10,000) and I (up to 3 years 6 months and $10,000). The Class B to I totals include extended supervision, and repeat-offender and enhancement statutes can raise them.

How much prison time does a Class C felony carry in Wisconsin?

Up to 40 years in total, a $100,000 fine, or both (939.50(3)(c)). Under 973.01, no more than 25 years of that can be confinement in prison and no more than 15 years extended supervision, and penalty enhancers such as the repeater statute can add time.

What is a Class A misdemeanor in Wisconsin?

It is the most serious misdemeanor class under 939.51(3)(a), punishable by a fine of up to $10,000, imprisonment of up to 9 months, or both. Enhancers such as the repeater, domestic abuse repeater and elder or adult-at-risk victim rules can raise the maximum (939.62(1); 939.621; 939.623).

Is a forfeiture a crime in Wisconsin?

No. Section 939.12 says conduct punishable only by a forfeiture is not a crime. Forfeitures range from Class A (up to $10,000) to Class E (up to $25) under 939.52(3), and carry no imprisonment.

Does Wisconsin have parole?

Not for bifurcated sentences. Under 973.01(4) and (6), a person serves the confinement portion without reduction for good behavior, though it can be extended and, under the provisions 973.01(4) lists, reduced, and is not eligible for parole; release is to extended supervision. For a life sentence, the court decides whether and when the person may be released to extended supervision (973.014(1g)).

Can a felony be reduced to a misdemeanor in Wisconsin?

The classification and sentencing sections in chapters 939 and 973 discussed here contain no provision that converts a felony conviction into a misdemeanor; an offense is a felony when it is punishable by state-prison imprisonment (939.60). The domestic abuse repeater rule works the other way, changing a misdemeanor to a felony (939.621).

How long is probation in Wisconsin?

For a felony, from 1 year up to the maximum confinement term for the crime or 3 years, whichever is greater (973.09(2)(b)). For a misdemeanor, generally up to 1 year, with 6 months to 1 year for other Class A misdemeanors, 6 months to 2 years for listed misdemeanors and 6 months up to the injunction period for an injunction violation, plus extra time when several crimes are sentenced together (973.09(2)(a)).

What happens if you violate probation in Wisconsin?

The Department of Corrections may start a revocation proceeding, and a hearing examiner of the Division of Hearings and Appeals decides whether to revoke (973.10(2)). If the person signs a statement admitting the violation, the department may instead impose up to 90 days of confinement as a sanction (973.10(2s)), and before probation expires the court may extend it for cause (973.09(3)(a)).