A Class H felony sits near the bottom of Wisconsin’s felony scale, but it is still a felony. A conviction can mean prison time, a permanent record, and the loss of gun rights. It also comes with more flexibility at sentencing than many people expect. What happens in a criminal case between the charge and the sentencing hearing often decides which of those outcomes you face.

The Maximum Penalty

Under Wis. Stat. § 939.50, a Class H felony carries a maximum of:

• A $10,000 fine,
• six years of imprisonment, or
• both.

Wisconsin uses “truth in sentencing,” so a prison sentence is split into two parts. For a Class H felony, the initial confinement in prison can be up to three years, and the extended supervision that follows can be up to three years. There’s no parole. The confinement time a judge orders is the time served, apart from limited early-release programs.

Repeat offender and other penalty enhancers can raise those maximums, so the number on the charging document isn’t always the full exposure.

Common Examples of Class H Felonies

Many Class H charges come from situations people don’t think of as “serious felonies”:

• Felony bail jumping: violating a condition of bond while a felony charge is pending, such as having contact with a person you were ordered to avoid or drinking when your bond forbids it.
• Theft of property valued at more than $5,000 but not more than $10,000.
• Battery to a law enforcement officer or certain other protected officials.
• Strangulation and suffocation.
• Physical abuse of a child that intentionally causes bodily harm.

Felony bail jumping deserves special attention. It is one of the most frequently charged felonies in Wisconsin, and it often turns a misdemeanor case into a felony case because of a single bond violation.

What Happens at Sentencing

A maximum is a ceiling, not a starting point. Wisconsin judges have broad discretion. In every felony case, they must weigh three main factors: the seriousness of the offense, your character and history, and the need to protect the public. They must also explain why the sentence they choose fits those factors.

The court typically considers:

• A presentence investigation report, if one is ordered.
• Your prior record, or lack of one.
• Victim statements and restitution.
• Employment, family responsibilities, and treatment you’ve started.
• Arguments from both the prosecutor and your defense attorney.

Sentencing Options Short of Prison

For many first-time Class H defendants, prison isn’t the most likely outcome. Common alternatives include:

• Probation, sometimes with up to a year in county jail as a condition.
• An imposed-and-stayed prison sentence, which hangs over your probation and takes effect only if probation is revoked.
• Treatment, community service, and restitution built into the terms of supervision.
• Eligibility for prison programs that can lead to earlier release, when confinement is ordered.

Expunction: The Decision Made Only at Sentencing

Class H felonies are one of the few felony classes that can be expunged in Wisconsin, but only if you were under 25 at the time of the offense, have no prior felony conviction, and the offense isn’t excluded by statute. The judge has to order expunction at the sentencing hearing itself. If it isn’t requested and granted then, the chance is gone. We explain the rules in detail in our article on why the expunction decision is made at sentencing.

Long-Term Consequences of a Conviction

Even a sentence of probation leaves you with a felony record. That means losing the right to possess firearms, possible barriers to professional licenses and housing, and a conviction that shows up on background checks. Those consequences are often the strongest reason to fight the charge itself or negotiate it down to a misdemeanor, not just to argue for a lighter sentence.

Talk to a Wisconsin Defense Attorney Before Your Next Court Date

The best outcomes in Class H cases usually come from work done early: challenging the evidence, negotiating the charge, and building a sentencing presentation long before the hearing.

At Melms Law, we represent clients facing felony charges in Eagle River, Wausau, and across northern Wisconsin. We’ll explain your options clearly and stay in touch with you throughout the process. If you’re facing a Class H felony charge, contact us to schedule a free consultation.