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Reference Guide

Class A Felony in Wisconsin: Penalties, Examples, Defense

A Class A felony in Wisconsin carries life imprisonment under § 939.50(3)(a). Verified examples, expungement, defense in Racine and Kenosha.

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What a Class A felony means in Wisconsin

Class A is the top of Wisconsin’s felony ladder and the only class with a single, fixed penalty: life imprisonment. There is no fine and no range for the judge to move within. What the judge does decide, under § 973.014, is whether and when the person becomes eligible for extended supervision, which can be set at 20 years, at a later date, or never. Very few statutes carry the class. Almost every Class A case in Racine or Kenosha County is a homicide or a sexual assault of a young child, and the defense is built from the first hour around the elements, the evidence and the lesser-included offenses rather than around sentencing.

Wis. Stat. § 939.50(3)(a) and § 973.01
  • Maximum imprisonment: life imprisonment, § 939.50(3)(a).
  • Maximum fine: none; Class A carries imprisonment only.
  • Bifurcated sentence: not applicable; a life sentence is governed by § 973.014, which sets extended-supervision eligibility at 20 years, a later date, or never.
  • Expungement: not available; § 973.015(1m)(a)1 stops at a 6-year maximum.
  • Repeaters: prior convictions can increase the maximum under § 939.62.

Offenses charged as a Class A felony

Each of these was checked against the current statute text on docs.legis.wisconsin.gov. Where a statute is graded, the cite is to the specific subsection that carries Class A.

Felony murder under § 940.03 is not classed at all: it adds up to 15 years to the maximum of the underlying crime.

What a Class A sentence looks like

A Class A sentence is life. The contested question at sentencing is extended-supervision eligibility under § 973.014, and it is decided once, by the sentencing judge, on the record built at the sentencing hearing. The maximum is what the statute allows, not what the judge does; the presentence investigation, the record, the victim’s position and the defense’s sentencing memorandum decide where inside the range the case lands.

Expungement

A Class A felony cannot be expunged. § 973.015(1m)(a)1 sets the ceiling at a maximum imprisonment of 6 years or less, and Class A is far above it. The only route to an expungeable record is a charge amendment to Class H, Class I or a misdemeanor before conviction, which is why the negotiation over the class is the negotiation over the rest of the person’s life. Our Wisconsin expungement page explains the ceiling.

What changes on your record

  • A felony conviction ends firearm rights for life under § 941.29 and federal law.
  • The case displays on Wisconsin Circuit Court Access for 50 years after a felony conviction, 75 for Class A, against 20 for a misdemeanor and 2 for a dismissal. See how long a charge stays on your record.
  • A felon may not vote until the whole sentence, including extended supervision, is complete.
  • Immigration, professional-licence, housing and employment consequences turn on the statute of conviction, and a felony closes doors a misdemeanor leaves open. Non-citizens should read criminal convictions and immigration consequences before any plea.

Defending a Class A charge in Racine and Kenosha

A felony charge gets a preliminary hearing under § 970.03 within 10 days of the initial appearance if you are in custody on more than $500 bail, 20 days otherwise, and that hearing is the first test of the State’s evidence. Pretrial motions to suppress a stop, a search or a statement are due within 10 days of arraignment under § 971.31(5). The elements that make the charge Class A rather than a lower class are examined first, because an amendment down a class changes the maximum, the confinement split and, at Class H and I, whether the record can ever be expunged. We defend these cases in Racine County Circuit Court at 730 Wisconsin Avenue and Kenosha County Circuit Court at 912 56th Street from offices in Racine and Kenosha. Free case review, (262) 632-5000, answered 24/7.

Questions people actually ask

What is the maximum penalty for a Class A felony in Wisconsin?
Under Wis. Stat. § 939.50(3)(a), a Class A felony carries life imprisonment. A life sentence is not bifurcated. Under § 973.014 the court decides at sentencing whether the person is eligible for extended supervision after 20 years, after a later date the court sets, or never. The maximum is rarely the sentence, but it is the number the judge measures everything against, and a repeater enhancer under § 939.62 can raise it.
How much of a Class A felony sentence is actually served in prison?
A Class A sentence is life imprisonment, and unlike every other class it is not divided into confinement and supervision. Under § 973.014 the sentencing judge decides whether the person will ever be eligible for release to extended supervision, and if so when: after 20 years, after a later date the court names, or never. There is no parole board decision to appeal to later, which is why the sentencing hearing itself is litigated so heavily.
Can a Class A felony be expunged in Wisconsin?
No. Wis. Stat. § 973.015(1m)(a)1 allows expungement only when the maximum imprisonment is 6 years or less. A Class A felony carries life imprisonment, so a conviction stays on the record permanently unless the charge is amended to a Class H or I felony or a misdemeanor before conviction. That is one reason the class of the charge at plea matters more than the sentence that follows it.
Can a Class A felony be reduced to a lesser charge?
Sometimes. Many Class A offenses are aggravated versions of a lower-class crime: the weapon, the amount, the injury or the victim's age is what lifts the charge. If that element is weak the charge can be amended down a class or more, and a Class A case can also resolve on a lesser-included offense at trial. Whether that is realistic depends on the statute, the evidence and the county, which is what a case review is for.
Is probation possible on a Class A felony?
No. The only sentence for a Class A felony is life imprisonment under § 939.50(3)(a).