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Reference Guide

Class D Felony in Wisconsin: Penalties, Examples, Defense

A Class D felony in Wisconsin carries 25 years and up to $100,000 under § 939.50(3)(d). Verified examples, expungement, defense in Racine and Kenosha.

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What a Class D felony means in Wisconsin

Class D is a short list of very serious charges: the homicides that turn on recklessness or intoxication rather than intent, first-degree reckless injury, child enticement, and the middle weight tiers of cocaine and heroin delivery. The maximum is 25 years and $100,000, split under § 973.01 into up to 15 years of initial confinement and 10 of extended supervision. Homicide by intoxicated use under § 940.09 is the Class D charge Racine and Kenosha see most, usually after an I-94 or Highway 20 crash, and it is defended on causation, the blood draw and the affirmative defense the statute itself provides.

Wis. Stat. § 939.50(3)(d) and § 973.01
  • Maximum imprisonment: 25 years, § 939.50(3)(d).
  • Maximum fine: $100,000.
  • Bifurcated sentence: up to 15 years of initial confinement and up to 10 years of extended supervision, § 973.01(2)(b) and (d); the supervision term is at least 25 percent of the confinement term.
  • 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 D 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 D.

What a Class D sentence looks like

Under § 973.01(2)(b) and (d) that sentence is bifurcated: up to 15 years of initial confinement in prison followed by up to 10 years of extended supervision, and the supervision term must be at least a quarter of the confinement term. Probation is uncommon on a Class D conviction and prison terms track the seriousness of the facts, which is why a Class D case is defended on the elements before it is defended at sentencing. 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 D felony cannot be expunged. § 973.015(1m)(a)1 sets the ceiling at a maximum imprisonment of 6 years or less, and Class D 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, 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 D 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 D 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 D felony in Wisconsin?
Under Wis. Stat. § 939.50(3)(d), a Class D felony carries 25 years and a fine of up to $100,000. Under § 973.01(2)(b) and (d) that sentence is bifurcated: up to 15 years of initial confinement in prison followed by up to 10 years of extended supervision, and the supervision term must be at least a quarter of the confinement term. 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 D felony sentence is actually served in prison?
Up to 15 years. Wisconsin abolished parole for offenses after 1999 and replaced it with the bifurcated sentence in § 973.01: a term of initial confinement that is served day for day in prison, followed by extended supervision in the community. For a Class D felony the confinement portion cannot exceed 15 years and the supervision portion cannot exceed 10 years. A violation of supervision can return the person to prison for the time remaining on the whole sentence.
Can a Class D 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 D felony carries 25 years, 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 D felony be reduced to a lesser charge?
Sometimes. Many Class D 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 D 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 D felony?
Legally yes, in practice rarely. Judges may withhold sentence and impose probation on a classified felony, but for a Class D charge in Racine or Kenosha County that outcome is unusual and depends on an amended charge or an exceptional record. Defense in a Class D case is aimed at the elements and the evidence first, and at sentencing only after that.