The one-sentence answer, and why it is not the whole answer
Wisconsin draws the line with a single word. Under § 939.60, a crime punishable by imprisonment in the Wisconsin state prisons is a felony, and every other crime is a misdemeanor. A misdemeanor sentence is served in the county jail and cannot exceed nine months. A felony sentence can be served in prison, is split by § 973.01 into initial confinement and extended supervision, and changes what you can own, where you can work, and how long the case follows you.
The word matters most before the plea, not after it. In Racine and Kenosha counties a meaningful share of Class I and Class H felony complaints end as misdemeanors, and a meaningful share of Class A and Class B misdemeanors end as municipal ordinance citations, which are not crimes at all. Knowing which side of the line a charge sits on, and how far it can move, is the first thing we work out in a case review.
Wisconsin felony classes and maximum penalties
| Class | Maximum fine | Maximum imprisonment | Examples |
|---|---|---|---|
| A | None | Life | First-degree intentional homicide, § 940.01 |
| B | None | 60 years | Second-degree intentional homicide, § 940.05; first-degree sexual assault, § 940.225(1) |
| C | $100,000 | 40 years | Armed robbery, § 943.32(2); second-degree sexual assault, § 940.225(2) |
| D | $100,000 | 25 years | Homicide by intoxicated use of a vehicle, § 940.09 |
| E | $50,000 | 15 years | Robbery, § 943.32(1); burglary while armed, § 943.10(2) |
| F | $25,000 | 12 years 6 months | Burglary, § 943.10(1m); injury by intoxicated use of a vehicle, § 940.25(1) |
| G | $25,000 | 10 years | Felon in possession of a firearm, § 941.29; 5th or 6th OWI, § 346.65(2)(am)5; third-degree sexual assault, § 940.225(3); theft of $10,000 to $100,000, § 943.20(3)(c) |
| H | $10,000 | 6 years | 4th offense OWI, § 346.65(2)(am)4; felony bail jumping, § 946.49(1)(b); theft of $5,000 to $10,000, § 943.20(3)(bm) |
| I | $10,000 | 3 years 6 months | Possession with intent to deliver small amounts of THC, § 961.41(1m)(h); theft of $2,500 to $5,000, § 943.20(3)(bf) |
Two features of felony sentencing surprise people. First, the maximum is almost never the sentence; judges in Racine and Kenosha impose probation on a large share of Class H and I felonies, and prison terms well below the maximum on most others. Second, the number in the table is total imprisonment. A 6-year Class H maximum is, under § 973.01, up to 3 years of initial confinement followed by up to 3 years of extended supervision, and a violation of supervision can return you to prison for the balance.
Wisconsin misdemeanor classes
| Class | Maximum fine | Maximum jail | Examples |
|---|---|---|---|
| A | $10,000 | 9 months | Battery, § 940.60; retail theft under $500, § 943.50(4)(a); misdemeanor bail jumping, § 946.49(1)(a); criminal trespass to a dwelling, § 943.14(2) |
| B | $1,000 | 90 days | Disorderly conduct, § 947.01; resisting or obstructing an officer at its base level is Class A, § 946.41(1) |
| C | $500 | 30 days | Certain paraphernalia and minor regulatory offenses |
A misdemeanor is a crime. It goes on Wisconsin Circuit Court Access, on the Department of Justice record, and on background checks. Under § 939.62, prior convictions can also enhance a later sentence. The non-criminal tier below misdemeanors is the municipal ordinance violation, punished by forfeiture only, which is why the negotiation to move a case from Racine County Circuit Court to Racine Municipal Court, or from Kenosha County Circuit Court to Kenosha Municipal Court, is often the most valuable thing that happens in a small case.
What changes with a felony that does not change with a misdemeanor
- Firearms. A felony conviction bars possession of a firearm for life under § 941.29 and federal law. A misdemeanor does not, with one large exception: a misdemeanor crime of domestic violence triggers the federal ban under 18 U.S.C. § 922(g)(9). See domestic violence defense.
- Voting and jury service. A felon may not vote until the sentence, including extended supervision, is complete.
- The public record. Wisconsin Circuit Court Access displays a misdemeanor conviction for 20 years and a felony conviction for 50 years (75 for Class A). Dismissed and acquitted cases in either category come off after 2 years. See how long a charge stays on your record.
- Procedure. A felony gets a preliminary hearing under § 970.03 and a longer road to trial; a misdemeanor can be resolved at the initial appearance. See what happens at a first court appearance.
- Immigration, licensing and housing. Many consequences turn on the statute of conviction rather than the class, but felony status closes doors that a misdemeanor leaves open. Non-citizens should read criminal convictions and immigration consequences before any plea.
Offenses that sit on both sides of the line
The same conduct is graded up or down by amount, degree or history, so the charging decision and the plea negotiation both matter:
- Theft, § 943.20(3): misdemeanor under $2,500; Class I felony from $2,500 to $5,000; Class H from $5,000 to $10,000; Class G from $10,000 to $100,000; Class F above.
- Retail theft, § 943.50(4): misdemeanor under $500; felony tiers above.
- OWI, § 346.65(2): a first offense is a civil forfeiture, a second and third are misdemeanors, a fourth is a Class H felony, a fifth or sixth a Class G. racineowi.com covers each tier.
- Bail jumping, § 946.49: a Class A misdemeanor if the underlying case is a misdemeanor, a Class H felony if it is a felony.
- Battery, ch. 940 as recodified by 2025 Wisconsin Act 24: simple battery is a Class A misdemeanor; substantial and aggravated battery are felonies.
- Drug possession, § 961.41(3g): first-offense possession of THC is a misdemeanor; a second is a Class I felony.
What to do with this information
Read the caption of your complaint. It names the statute and the class for every count. Then ask the two questions that decide most small cases before a plea is ever discussed: can this count be amended down a class, and is there a non-criminal ordinance the conduct also fits. We answer both in a free case review from our offices in Racine and Kenosha, and for Spanish speakers the same page is at /es/delito-menor-vs-delito-grave-wisconsin/. Call (262) 632-5000, answered 24/7.