Wisconsin Criminal Penalties & Sentences
Overview

We have provided sentencing and penalty charts for those of you searching (either for yourself or a loved one) for information on the web about criminal penalties in Wisconsin.  Please keep in mind these charts are provided merely as a starting point.  You should consult with an attorney before drawing any conclusions about the outcome of your case and never rely solely on information found on the Internet

Sentencing is a complex process that no individual, or attorney for that matter, should take lightly. Each case is different and there are many factors that influence a judge at a sentencing hearing.  Every attempt should be made to mitigate or downplay the negative aspects of your case, and identify and emphasize the positives. 

Some believe the fight to defend their clients ends before sentencing.  Nothing could be further from the truth. Our firm puts a enormous amount of time and energy into the sentencing hearing. We fully prepare our clients well in advance of the hearing. We talk to family members, employers (if appropriate), develop character witnesses to speak at the hearing, and we obtain and submit to the judge letters of recognition and support from many sources.  Our goal is to make our clients less of a number and more of a human being with a life and loved ones to get back to.

Achieving Superior Results

At our firm, we are passionate about what we do—and it shows!  Attorney Sydne French has won hundreds of serious criminal cases of all types.  She is known for negotiating significantly reduced charges/penalties and dismissals, and she has one of the highest acquittal rates in Wisconsin for trial cases.  Visit our News Room and you will see some of the remarkable results we have achieved for our clients, then call or email us today to schedule a free initial consultation.

Misdemeanors

Felonies

"Withheld" and "Imposed and Stayed" Sentences

There are two ways a judge can render a sentence: "withheld" sentence or an "imposed and stayed" sentence.

With a withheld sentence, the judge does not technically impose a sentence and the convicted person is instead placed on probation.

With an imposed and stayed sentence, the judge determines the amount of incarceration time to be served, but does not require the convicted person to begin serving the sentence. 

What this means during the probation period

If the judge decides to "impose and stay" a sentence and then places the convicted person on probation—and the probation is later revoked—that individual will go directly to serving the amount of incarceration time the judge originally imposed.

With "wittheld" sentences, If a person is revoked for violating the terms of his/her probation, they must go back before the same judge to receive their sentence (up to the maximum allowed by statute). Click here for more information on probation revocation challenges.

Sentencing After Revocation of Parole or Extended Supervision

For a basic understanding of what parole or extended supervision is, click here to visit our probation/parole page.

Parole

If a person's parole is revoked, the ALJ determines how much "good time" credit the defendant should forfeit or lose, and how much of the remaining sentence the defendant will be required to serve.  Although eligibility for parole is again made available to the defendant, there is no mandatory release date and the defendant can end up serving the entire remainding amount of time in the sentence.

Extended Supervision (ES)

If ES is revoked, the ALJ determines whether the ES should be revoked, but it is the circuit court judge who determines the incarceration time the defendant must serve on the remaining sentence before being eligible for release again on ES.  This reincarceration period can be up to the maximum length of the sentence, with credit given for time already spent in confinement.  The defendant must serve the entire period of reincarceration ordered by the judge.

If a paroled defendant waives (gives up) the right to a revocation hearing, the Department of Corrections (DOC) determines the length of reincarceration.  If an ES defendant waives a revocation hearing, then the DOC recommends to the trial judge the period of reincarceration to impose.