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Representing Clients Facing Serious Criminal Charges
It’s not unusual for someone to have a misdemeanor or two on their record, but felony convictions bring a whole new level of potential consequences. Facing felony charges isn’t something you should do alone. You need the knowledge and experience of a criminal attorney who has handled these types of cases before and is able to confidently lead you through the process while advocating for your defense.
If you need a criminal and traffic defense attorney, the Wisconsin criminal defense lawyers at West & Dunn are here to help. We have worked with clients all over Waunakee and the surrounding areas, and we know how the local and state court system operates. We’re here to guide you through the criminal justice system from the very beginning of your arrest all the way to the finalization of the case. Call our office today to speak with a member of our team.
What Are the Different Classes of Felonies?
Felony criminal cases are broken down into nine categories by letter of the alphabet, starting with A. Letters closer to the beginning of the alphabet are used for more serious charges, such as gun crimes and some drug crimes. Here is a breakdown that can help you understand how the criminal justice system categorizes felony charges and what the potential sentence could be:
Class A:
- Fine: N/A
- Maximum prison sentence: Life
- Example: First-degree sexual assault of a child
Class B:
- Fine: N/A
- Maximum prison sentence: 60 years
- Example: first-degree reckless homicide
Class C:
- Fine: $100,000
- Maximum prison sentence: 40 years
- Example: OWI vehicular homicide with a previous conviction of OWI
Class D:
- Fine: $100,000
- Maximum prison sentence: 25 years
- Example: First-degree reckless injury
Class E:
- Fine: $50,000
- Maximum prison sentence: 15 years
- Example: Engaging in a continuing criminal enterprise
Class F:
- Fine: $25,000
- Maximum prison sentence: 12 years
- Example: Burglary
Class G:
- Fine: $25,000
- Maximum prison sentence: 10 years
- Example: Intimidating a witness
Class H:
- Fine: $10,000
- Maximum prison sentence: 6 years
- Example: Providing false information for a financial transaction
Class I:
- Fine: $10,000
- Maximum prison sentence: 3.5 years
- Example: Fleeing from an officer
Keep in mind that these are maximum sentences, which means the courts have the ability to sentence defendants to shorter sentences in many cases. It’s also important to understand that the degree of a charge can make a difference. For example, the same charge may be different class felonies if it is labeled as first-degree or second-degree. This can make a significant difference in the strategy for your case.
Previous convictions can also impact what charges you face. For example, while a first-offense OWI in Wisconsin is generally only a traffic citation, a second offense is a misdemeanor. However, a fourth OWI offense in the last 5 years escalates the charge to a Class H felony. If you have any previous criminal convictions, it’s vital that you speak with an attorney about how this could impact your charges.
How Can a Felony Conviction Change Your Life?
While you can see that the criminal penalties can be severe, it’s not just the prison sentence or fine associated with a felony conviction that can impact your life. A felony conviction can cause major changes in your life, from getting employment to your relationships with friends and family.
If you are convicted of a felony criminal defense and have to spend several years in prison, it can be difficult to re-enter the workforce when you’re released. Depending on your industry, the technology may have changed or you may find that hiring managers aren’t willing to hire someone with a felony criminal record. If your previous job involved working with children, the elderly, or other vulnerable populations, you may no longer be eligible for this type of work. Felony convictions that result in being required to register as a sex offender can also keep you from being able to live near schools or playgrounds.
While it can seem like life is standing still while you’re in prison, the truth is that it’s moving along for everyone on the outside. Even with allowed visitation, it can be difficult to keep meaningful relationships with friends and family. A felony conviction can result in loss of child custody and even parental rights in severe cases, and you’ll miss important milestones like birthdays and graduations.
If you want to avoid these consequences, the best thing you can do for your defense is to hire an experienced felony defense attorney. At West & Dunn, we’re committed to doing everything we can to help you fight back against criminal accusations and protect your freedom.
Can You Get a Felony Conviction Expunged?
Certain types of felonies may be eligible for expungement, which means that you can have the criminal conviction removed from your record entirely. In general, the judge must order that the conviction can be expunged at the time of the sentencing, and only certain Class H and Class I felonies are eligible. More serious felonies cannot be expunged.
To be eligible to have a conviction expunged, you must have been under age 25 when the offense occurred. You must also have been sentenced to less than 6 years in prison. The court must also agree that expungement would be beneficial for the defendant and that the expungement doesn’t present any risk to the public — for example, if expunging the record would mean that people could be at risk by not knowing that the person had a specific criminal conviction.
You must also have completed your entire sentence, including parole or extended supervision. You cannot be convicted of any subsequent offenses, including any criminal charges that are different from what you are trying to get expunged. You generally also cannot get a conviction expunged if you have any previous felony convictions.
Should You Consider a Plea Bargain?
One common defense strategy that is considered with felony charges is a plea bargain. A plea bargain is a deal that your criminal defense lawyer makes with the assistant district attorney or other prosecutor in the state and federal courts. Generally, the charges are either reduced, such as to a lower degree felony or a misdemeanor, or you agree to a lesser sentence than you could potentially receive in a trial in exchange for pleading guilty.
A plea bargain is always an option that can be explored, but it’s important to work with an attorney from a criminal defense law firm to ensure that it’s in your best interests. The best criminal defense attorneys don’t just automatically assume that a plea bargain is the right criminal law strategy. They look at the facts of the case and what a jury is likely to infer to determine if there are any better options.
If you need help with a criminal case involving felony charges in Wisconsin, call West & Dunn at 608-490-9449.