A Class H felony in Wisconsin is one of the state’s lower-level felony charges, carrying a maximum penalty of six years in prison and a $10,000 fine.1Wisconsin State Legislature. Wisconsin Code 939.50 – Classification of Felonies Wisconsin sorts felonies into nine classes, from Class A at the top (life imprisonment) to Class I at the bottom. Class H sits second from the bottom. It still counts as a felony, which means a conviction brings prison exposure, a permanent record, and a set of collateral consequences that outlast the sentence itself.
How the Six-Year Maximum Actually Works
Any Class H prison sentence in Wisconsin is split into two parts. The state calls this a bifurcated sentence: a period of confinement in prison followed by a period of extended supervision in the community.2Wisconsin State Legislature. Statutory Felonies in Wisconsin The two parts together cannot exceed six years.
For a Class H felony, confinement tops out at three years and extended supervision also tops out at three years.3Wisconsin State Legislature. Wisconsin Code 973.01 – Bifurcated Sentence of Imprisonment and Extended Supervision Supervision has to run at least 25 percent of the confinement term. Two years of confinement, then, requires at least six months of supervision on the back end.
Judges don’t have to hit the ceiling. They weigh your criminal history, the facts of the offense, whether anyone was harmed, and mitigating factors like cooperation or rehabilitation. Prison isn’t automatic either. Depending on the charge and your background, a judge may impose probation with conditions in place of confinement.
Repeater Enhancement
Six years is the baseline. Wisconsin’s habitual criminality statute lets the court add up to four more years of imprisonment if you have a prior felony conviction within the five years before the new offense. A pattern of misdemeanor convictions in that same window can add up to two years.4Wisconsin State Legislature. Wisconsin Code 939.62 – Increased Penalty for Habitual Criminality A Class H charge that normally caps at six years can therefore reach ten years for someone with the right prior record. Prosecutors have discretion over whether to seek the enhancement, which is one reason prior convictions weigh so heavily in plea discussions.
What Gets Charged as a Class H Felony
Class H covers a wide range of conduct across the Wisconsin code. A few offenses show up most often.
Theft
Stealing property worth more than $5,000 but not more than $10,000 is a Class H felony.5Wisconsin State Legislature. Wisconsin Code 943.20 – Theft Theft classes are set by the value of what’s taken, so the same underlying behavior can scale up or down. The $5,000 to $10,000 band captures a lot of retail theft, employee theft, and scheme-based property cases.
Marijuana With Intent to Deliver
Possession of marijuana with intent to deliver becomes a Class H felony when the quantity is more than 200 grams but not more than 1,000 grams, or between 5 and 20 plants.6Wisconsin State Legislature. Wisconsin Code 961.41 – Prohibited Acts A – Penalties Smaller amounts drop to Class I; larger amounts climb into Class G and above. The intent element is often proved through circumstantial evidence like packaging, scales, and cash.
Identity Theft
Using another person’s identifying information without authorization to obtain money, credit, goods, or employment is a Class H felony. The statute also reaches use of someone’s identity to avoid criminal penalties or to harm their reputation.7Justia Law. Wisconsin Code 943.201 – Unauthorized Use of an Individuals Personal Identifying Information or Documents
Other Offenses
Certain forms of forgery, some child neglect cases involving risk of harm, and specific fraud statutes also carry Class H classification. If you’re not sure where your charge falls, the charging document names the class.
How a Class H Case Moves Through Court
A Class H case begins with an initial appearance, where the court states the charge, advises you of your rights, and sets bail. A preliminary hearing follows, and the state has to show probable cause that a felony was committed and that you committed it. The standard is low, but it gives the defense an early look at the evidence.
If the court finds probable cause, you’re arraigned and enter a plea. Most defendants plead not guilty at arraignment to keep every option open. Plea negotiations often pick up from here, and many Class H cases resolve by agreement, sometimes with a reduction to a Class I charge, which carries a 3½-year ceiling instead of six. If the case doesn’t settle, it goes to trial, where the state must prove every element beyond a reasonable doubt. You have a right to a jury and to counsel; if you can’t afford an attorney, a public defender is appointed.
Collateral Consequences of a Conviction
The sentence is only part of what a Class H conviction costs. The lasting effects on rights, work, and benefits often matter more than the time itself.
Voting
Wisconsin disqualifies anyone convicted of a felony from voting while serving the sentence, including probation, parole, or extended supervision.8Wisconsin State Legislature. Wisconsin Code 6.03 – Disqualification of Electors The right returns automatically once every part of the sentence is complete. No pardon or separate court order is required to register again.
Firearms
Federal law permanently bars anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition.9Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A Class H felony carries a six-year maximum, so the ban applies. It doesn’t expire when the sentence ends. It lasts for life unless the conviction is pardoned, expunged, or civil rights are formally restored in a way that specifically covers firearms.10Bureau of Alcohol, Tobacco, Firearms and Explosives. Most Frequently Asked Firearms Questions and Answers
Passports and International Travel
Most people with felony convictions can still get a U.S. passport. The exception involves drug offenses: if you were convicted of a state or federal drug felony and you crossed an international border while committing it, the State Department can deny or revoke your passport for the duration of imprisonment and any supervised release afterward.11Office of the Law Revision Counsel. 22 USC 2714 – Denial of Passports to Certain Convicted Drug Traffickers Even with a valid passport, other countries can refuse entry. Canada regularly turns away travelers with felony records absent advance approval.
Employment
Federal law doesn’t ban employers from considering criminal history, but it does limit how. The Equal Employment Opportunity Commission requires employers to look at the nature of the offense, the time since the conviction, and the duties of the specific job rather than applying blanket disqualifications. Applicants with similar records have to be treated consistently regardless of race or national origin, and employers must give applicants a chance to explain before deciding.12U.S. Equal Employment Opportunity Commission. Criminal Records
Social Security and Medicare During Incarceration
Social Security disability payments are suspended once incarceration passes 30 continuous days. Supplemental Security Income stops as well, and SSI eligibility terminates entirely at 12 consecutive months of incarceration, requiring a new application after release. Benefits paid to a spouse or children continue as long as they remain independently eligible. Medicare Part A coverage continues during incarceration, but Part B premiums have to keep being paid to maintain that coverage.13Social Security Administration. What Prisoners Need To Know
Expungement: Narrow and Time-Sensitive
Wisconsin does allow expungement of some Class H felonies, but the door closes quickly. You qualify only if you were under 25 at the time of the offense, and the court must order expungement at the time of sentencing. If the judge doesn’t include that order in the original sentence, the chance is gone.14Wisconsin State Legislature. Wisconsin Code 973.015 – Special Disposition The court will only order it if it finds you’ll benefit and that society won’t be harmed.
Even within the age window, expungement is unavailable if you have any prior felony conviction in your lifetime, if the offense is classified as a violent crime under Wisconsin law, or if it involves certain specific offenses such as stalking or child abuse.14Wisconsin State Legislature. Wisconsin Code 973.015 – Special Disposition
When expungement is ordered, it takes effect only after you successfully complete the entire sentence without a new conviction. Probation can’t have been revoked, and all conditions must be satisfied. The supervising authority then issues a certificate of discharge, and the expungement follows. For anyone under 25 facing a first Class H charge, raising expungement with defense counsel before sentencing is essential.
Defenses That Come Up in Class H Cases
The right defense depends on the specific charge, but a few approaches recur.
Evidence suppression is central in drug cases. If officers searched a home, vehicle, or person without a valid warrant or a recognized exception, evidence found in that search can be excluded. The Fourth Amendment protects against unreasonable searches, and the analysis turns on whether you had a reasonable expectation of privacy in the place searched.15Constitution Annotated. Standing to Suppress Illegal Evidence A successful motion can dismantle the state’s case.
Theft and fraud charges often turn on intent. Theft requires proof that you meant to permanently deprive the owner of the property. A genuine intent to return the item, or a good-faith belief that you had permission, can undercut the charge. For identity theft, the defense may focus on whether you actually knew the information belonged to someone else, or whether you had authorization.
In drug cases, the intent-to-deliver element is often the fight. Prosecutors prove it through quantity, packaging, and distribution paraphernalia. If the amount is near the threshold and there’s little other distribution evidence, arguing personal use can push the charge down to simple possession, which carries lower penalties.
Mitigation won’t erase a conviction, but it can shape the sentence. No prior record, voluntary treatment, steady employment, and genuine remorse all carry weight. For drug offenses, enrolling in treatment before sentencing shows initiative and can move a judge toward probation instead of confinement.