Exploring the Differences Between Misdemeanors and Felonies in Eau Claire

Crimes in Wisconsin are generally divided into misdemeanors and felonies, with a felony being any criminal offense punishable by one year or more in state prison, while misdemeanors are essentially most other crimes. Misdemeanors may involve imprisonment, but it is usually at a county jail instead of a state prison, and the duration is typically less than one year.

Wisconsin Statute § 973.01 establishes that when courts sentence people to prison for felonies other than offenses involving life imprisonment, a court must impose a bifurcated sentence that includes a term of confinement followed by a term of extended supervision. When a person is convicted of a felony offense, a sentencing court will determine whether to impose the maximum penalty or a lesser penalty, but the court has no power to impose lower penalties when felonies are punishable by life imprisonment.

Infractions

A third kind of criminal offense in Wisconsin is the infraction, also known as a petty offense. These are the least serious criminal offenses on the books, and they can be civil offenses instead of criminal offenses in some cases.

Most petty offenses are not punishable by imprisonment, although some offenses may involve a few days in jail. Jaywalking, littering, and disturbing the peace are common examples of infractions.

Misdemeanors

Misdemeanors are identified under Chapters 939 through 951 of the Wisconsin Criminal Code. Misdemeanors are further categorized into three classes:

●     Class A Misdemeanor – a fine of up to $10,000 and/or up to nine months in jail

●     Class B Misdemeanor – a fine of up to $1,000 and/or up to 90 days in jail

●     Class C Misdemeanor – a fine of up to $500 and/or up to 30 days in jail

Some misdemeanor offenses do not specify a class and remain unclassified, but such offenses may also specify terms of imprisonment and fines. People imprisoned for misdemeanors will usually be taken to the Eau Claire County Jail, which is located at:

Eau Claire County Jail

710 2nd Avenue

Eau Claire, WI 54703

Alleged offenders who are under 18 years of age may be taken to the Northwest Regional Juvenile Detention Center, located at:

Northwest Regional Juvenile Detention Center

721 Oxford Ave

Suite 3600

Eau Claire, WI 54703

Common examples of misdemeanor offenses in Wisconsin include damage to property under Wisconsin Statute § 943.01, pandering under Wisconsin Statute § 944.33, and lewd and lascivious behavior under Wisconsin Statute § 944.20.

Felonies

Felonies are classified under a penalty scheme established under Wisconsin Statute § 939.50. Terms of imprisonment are defined for all nine classes, and fines are established for seven:

●     Class A felony – life imprisonment

●     Class B felony – up to 60 years in prison

●     Class C felony – a fine of up to $100,000 and/or up to 40 years in prison

●     Class D felony – a fine of up to $100,000 and/or up to 25 years in prison

●     Class E felony – a fine of up to $50,000 and/or up to 15 years in prison

●     Class F felony – a fine of up to $25,000 and/or up to 12 years and 6 months in prison

●     Class G felony – a fine of up to $25,000 and/or up to 10 years in prison

●     Class H felony – a fine of up to $10,000 and/or up to six years in prison

●     Class I felony – a fine of up to $10,000 and/or up to three years and 6 months in prison

An alleged offender sent to prison in Eau Claire will usually be transported to the Chippewa Valley Correctional Treatment Facility, as the Wisconsin Department of Corrections indicates that the Division of Community Corrections (DCC) Region 5 deals with Eau Claire County. The prison is located at:

Chippewa Valley Correctional Treatment Facility

2909 East Park Avenue

Chippewa Falls, WI 54729

Common examples of felony offenses in Wisconsin include the Class A felony of first-degree intentional homicide (murder) under Wisconsin Statute § 940.01, the Class B felony of sexual assault under Wisconsin Statute § 940.225, the Class C felony of armed robbery under Wisconsin Statute § 943.32(2), the Class D felony of possession of child pornography under Wisconsin Statute § 948.12, the Class E felony of carjacking under Wisconsin Statute § 943.23(1g), the Class F felony of theft of goods valuing more than $100,000 under Wisconsin Statute § 943.20(3)(cm), the Class G felony of homicide by negligent operation of a vehicle under Wisconsin Statute § 940.10, the Class H felony of strangulation and suffocation under Wisconsin Statute § 940.235, and the Class I felony of aggravated battery under Wisconsin Statute § 940.19(2).

Contact Our Eau Claire Criminal Defense Attorney

Are you facing either misdemeanor or felony charges in Eau Claire? You are going to want to be sure you retain legal counsel to help achieve the most favorable possible outcome for your case, and Cohen Law Offices will know how to help.

Our firm has been defending people all over Wisconsin for more than 30 years. You can call (715) 317-5207 or contact us online to receive a free consultation with our Eau Claire criminal defense attorney.