When it comes to criminal sentencing in Wisconsin, your past does not stay hidden. Prior convictions can follow you into the courtroom and impact the outcome of a current case. So, how do prior convictions affect sentencing in Wisconsin criminal cases?

Here is what you need to know about how Wisconsin law treats prior convictions and how it can affect your current case.

Criminal History Can Affect Sentencing 

Judges in Wisconsin do not sentence in a vacuum. They look at three big-picture factors when deciding punishment, such as:

• The circumstances of the offense
• The character of the offender, including whether you have prior convictions
• The need to protect the public

Criminal history can play a role in determining your character. A person with a clean record may get more leniency. However, someone with a long history of priors could face the upper end of the sentencing range.

Repeat-Offender Enhancements

Wisconsin law includes repeater provisions. These statutes allow the judge to impose harsher penalties when prior convictions are present.

For example, under Wisconsin Statute § 939.62, a prior misdemeanor conviction can tack on extra time to a new sentence. If you have prior felonies, the statutes can push the penalty much higher. In some cases, repeat-offender status can more than double the amount of time to serve.

Keep in mind that it is not automatic, though. For these enhancements to apply:

• The prosecution must allege the prior conviction
• The defendant must either admit the prior conviction or the state must prove it with solid evidence

In other words, just because a prior conviction is mentioned doesn’t mean it will affect the current sentence. It must be formally established.

How Are Priors Handled in Judicial Discretion

Not every case will invoke statutory repeat-offender rules. Even without them, prior convictions can still weigh heavily during sentencing. Judges often consider:

• When the prior happened: A conviction from 20 years ago will not carry the same weight as one from last year.
• The type of prior offense: Violent or serious offenses will matter more than minor misdemeanors.
• Patterns of behavior: Multiple similar convictions suggest a trend that can influence the judge’s decision.

Think of statutory enhancements as raising the ceiling of a sentence, while judicial discretion decides how close the final sentence gets to that maximum.

Not All Priors Count the Same

Not every conviction in your past automatically qualifies for repeat-offender treatment. These are certain factors that need to be considered, such as:

• Whether the prior was a misdemeanor or a felony. Felonies allow for greater enhancements.
• How long ago the conviction occurred. Some statutes require the action to be taken before a certain time frame.
• Whether the prior conviction was from another state, a juvenile court, or was later expunged.

This is where criminal defense attorneys can challenge whether a specific prior should legally “count” towards enhancing the sentence.

When Prior Convictions Don’t Apply

Not all priors raise the chances of affecting a current sentence. Some situations where a past record might not affect sentencing include:

• Expungement: If a conviction was properly expunged, it is treated as though it never happened.
• Pardon: A gubernatorial pardon, especially one based on innocence, wipes out the conviction’s effect.
• Juvenile records: Certain juvenile adjudications are not counted like adult convictions.

These remedies can make a huge difference in whether a prior record continues to impact someone’s future.

Prior Convictions Can Affect a Sentence 

Prior convictions in Wisconsin criminal cases can drastically shape the outcome of a current case. Sometimes, they nudge a sentence higher or expand the punishment the judge can impose.

For anyone facing charges, their past matters, but it does not completely dictate their future. The right legal strategy can make a difference in how prior convictions are treated and in the sentence they receive.
At Melms Law, we are available to offer legal options in these situations. Reach out today to schedule a consultation.