If you or someone you care about is facing criminal charges in Wisconsin, you will want to know how the law classifies offenses. Unfortunately, charges can be elevated under certain circumstances. 

A charge that may start as a misdemeanor can be bumped to a felony. That can dramatically increase the possible penalties, the long-term consequences, and the emotional weight of the situation.

So, when can a misdemeanor offense be elevated to a felony in Wisconsin? Here are some possible scenarios that could result in elevated charges.

Repeat Offenses Can Lead to Felony Charges

In Wisconsin, prior convictions can come back to haunt you. If you have been convicted of certain crimes before, especially a similar one, the court may view your new charges differently. In these cases, what would be considered a misdemeanor could be enhanced to a felony if the judge or prosecutor sees a pattern of behavior.

Under Wisconsin’s habitual criminality law (Wis. Stat. § 939.62), a person with prior convictions can face harsher penalties. For example, if you were previously convicted of theft or shoplifting and are arrested for a similar offense, it could be treated as a felony, not a misdemeanor. 

When Injuries or Weapons Are Involved

Even a charge that sounds minor, like simple battery or disorderly conduct, can turn serious quickly if the situation involves a weapon or results in injury.

Wisconsin law increases penalties when an offense causes substantial bodily harm or involves a dangerous weapon. Unfortunately, what might have been considered a one-time lapse in judgment could turn into a felony offense.

For instance, if you get into a fight at a bar and use a pocketknife or another object to injure someone, that could be seen as a weapon. In turn, it can lead to upgraded charges. Suddenly, you are not looking at a few months in jail. You could be facing years in prison.

Drug Offenses Can Escalate Quickly

Drug charges are another area where things can escalate more quickly. Sometimes, a small possession of marijuana could lead to enhanced charges, especially if this is not your first offense, or if there is evidence of intent to sell. You might find yourself fighting a felony case under Wis. Stat. § 961.41.

Being near a school zone or carrying more than a “personal use” amount can also lead to felony charges, even if the original charge was a misdemeanor.

Domestic Violence and Protective Order Violations

Domestic-related offenses can also lead to felony charges. Once again, this will depend on your criminal history and the circumstances. If you have had prior domestic violence charges or have been accused of violating a restraining order, your misdemeanor charge might be elevated.

This can often happen if the violation involves threats, repeated contact, or a history of similar behavior. Courts take these cases seriously, and the consequences can be substantial.

How Can This Affect You

A charge that goes from a misdemeanor to a felony carries serious consequences. What might have been a fine or a couple of months in jail can now make a dramatic impact on your life. A felony conviction can mean:

• Time in state prison, not just local jail
• Losing your right to vote or own a firearm
• Struggling to find housing or employment
• Barriers to professional licenses, education, or military service

Unfortunately, you are now in a situation that can reshape the rest of your life. However, a charge does not mean a conviction, and you still have options to fight the case with the help of a skilled criminal defense attorney.

Get Experienced Legal Help for Your Criminal Case

If you are worried that your misdemeanor charge might be reclassified as a felony, you need legal help immediately. The earlier you speak with a defense attorney, the more options you may have to dispute these charges. 

At Melms Law, we have the experience to fight for you. Our criminal defense lawyers can help you explore your options for your future. Contact us today to schedule a consultation.