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A Misdemeanor is a criminal offense for which a convicted person’s sentence may not exceed one year of jail time.
While a Misdemeanor is a lesser offense than a Felony, it can also cause devastating efforts on a person’s life. A Misdemeanor on your record may disqualify you for certain jobs, bonding, special licenses or governmental aid. A drug conviction may effect student grants and eligibility for loans during the probationary period.
Sometimes, charges can be dismissed, reduced to non-crimes or Expunged. However, a person who has been charged with a Misdemeanor should hire the most experienced lawyer possible. One should never rely on the possibility of an Expungement after the fact. Expungement in Wisconsin is currently not available unless requested at the time of sentencing.
Like Felony classifications, Wisconsin law classifies Misdemeanor offenses according to their severity. Each Misdemeanor classification sets forth parameters for sentences, including jail time and fines. Also like Felony classes, repeat offenders of Misdemeanor crimes may receive a much harsher punishment, with more jail time, increased fines, or both if a penalty enhancer is charged. Multiple Misdemeanor charges may result in multiple convictions that, if run consecutively, may exceed one year.
Unlike Felony classes, for which a person may go to prison, Misdemeanor sentences that recommend incarceration, provide for incarceration in a county or local jail for up to one year per crime. Misdemeanor sentences may also recommend alternatives, such as probation, community service, loss of driver’s license, fines instead of jail time, or both fines and jail time.
Class A Misdemeanor
The maximum penalty for a Class A Misdemeanor includes a fine up to $10,000, or imprisonment for up to 9 months, or both; however, for a repeat offender charged with a penalty enhancer, the term of imprisonment may increase up to 2 years. Note that multiple Misdemeanor charges may result in multiple convictions that, if run consecutively, may exceed one year.
Class B Misdemeanor
The maximum penalty for a Class B Misdemeanor includes a fine up to $1,000, or imprisonment for up to 90 days, or both; however, for a repeat offender, the term of imprisonment increase up to 2 years. As well, multiple Misdemeanor charges may result in multiple convictions that, if run consecutively, may exceed one year.
Class C Misdemeanor
The maximum penalty for a Class C Misdemeanor includes a fine up to $500, or imprisonment for up to 30 days, or both; however, for a repeat offender, charged and convicted as a repeat offender, the maximum term of imprisonment may increase up to 2 years in prison. As well, multiple Misdemeanor charges may result in multiple convictions that, if run consecutively, may exceed one year.
There are misdemeanors for which a person can get different penalties. As set forth by the legislature, for example, possession of more than three gambling devices in a tavern, is a crime without any jail time.
Misdemeanor Jail Time
Jail time for a single Misdemeanor offense is almost always for a period of time up to one year (12 consecutive months).
A person convicted of a Misdemeanor offense is almost always held in a county jail or a local city jail. Again, there are exceptions in which a person may be incarcerated in an alternative facility.
A Court may impose probation, impose a jail sentence, and impose conditions of probation including jail time, community services and other conditions.
Probation & Additional Penalties
In addition to jail time, fines and other forfeitures, a Court may also sentence a person to probation for a period of time up to two years. Additionally, the Court may provide an entire list of ‘conditions’ or ‘rules’ that the convicted person must abide while on probation, including community service.
Call Rudolph Law Today!
If you are under investigation for a crime or if you have already been charged with a criminal offense, please call Attorney Mike Rudolph at 920-730-8533 for professional legal advice you can bet on!