Both felony offenses and misdemeanor offenses are crimes under Wisconsin laws. Wisconsin law defines a felony as any crime for which a person can be imprisoned for one or more years in a state or federal prison, and a misdemeanor is any other crime. Some of the numerous other differences between a felony conviction and a misdemeanor conviction are listed below.
If a person is convicted of a felony under Wisconsin laws, a separate sentencing hearing will be held after the trial and verdict. At that hearing, the court will determine the punishment to be imposed upon the convicted felon. A felony conviction can result in sentencing to prison, fines, or both. Incarceration will be in a state penetenuary (a state prison), or some other facility such as a mental health facility as determined necessary by the court.
Conversely, if a person is convicted of a misdemeanor, while the sentence can still include incarceration, fines or both, incarceration will not be in a state prison, but rather in a county or local municipal jail. As well, a court can order a person convicted of a misdemeanor offense to serve time in a mental health facility, a drug rehabilitation center, or as determined necessary by the court.
The information above regarding incarceration is for convictions under Wisconsin state law. If however a federal agency brings charges and the person is subsequently convicted of a federal offense, incarceration will be in a federal prison. If a person is charged with both a Wisconsin state felony and a federal felony then, if both governments pursue prosecution and both obtain a conviction, incarceration can be in both a federal prison and a state prison. In that case, the sentence would order the time served to run concurrently or non-concurrent. If the incarcerated time runs concurrent, time served fulfills both time in the federal prison and time in the state prison. In most cases, federal and state time would not run concurrent.
Except for certain crimes, a court is not required to impose a particular sentence for a particular criminal conviction, but rather may exercise its discretionary powers and impose a sentence that the court feels is befitting of the crime, within certain limitations. Those limits apply to the maximum sentences allowed by law. A court can impose a maximum sentence for each offense, even if multiple offenses were charged and convicted. For all senteces, a court is required to consider the necessity of imprisonment, the impact on the safety of the community and the crime. In cases involving a conviction for murder, a court can impose life imprisonment (see Class A Felony Penalties). A person who is sentenced to live imprisonment is eligible for parole under Wisconsin laws. Wisconsin Circuit Court judges are known for harsh penalties, and people are often sentenced to very long prison terms. The criminal defense attorneys at Tracey Wood & Associates have sucessfully challenged sentences imposed by Wisconsin circuit courts.
Additionally, the rules of probation differ for persons convicted of a felony than for those convicted of a misdemeanor. If a person was previously convicted on a felony, and is subsequently placed on probation, the probation officer can treat the felon very differently. For example, the rules can be tougher, but more imporantly, the probation officer can place the felon on probation in jail on hold for a period of up to 90 days for no more reasons than that the probation officer believed the felon on probation may have violated a probationary rule or had an intent to violate probation. Free but professional "first-impression" analysis If you are under investigation or have been arrested for any crime, or if you have already been convicted of a crime and believe your conviction to be wrong or your sentence too harsh, please call (608) 350-1004 or email the Attorneys at Tracey Wood & Associates right away. An Attorney at Tracey Wood & Associates will provide you with a brief but professional free "first-impression" analysis of your appeal based on the facts that you are able to convey. You can also submit your case online or email the attorneys.
OWI DUI Attorney Tracey Wood commonly works in the following Counties: Adams, Ashland,Barron,Bayfield,Brown,Buffalo,Burnett,Calumet,Chippewa,Clark,Columbia,Crawford,Dane,Dodge,Door,Douglas,Dunn,Eau Claire,Florence,Fond du Lac,Forest, Grant,Green,Green Lake,Iowa,Iron,Jackson,Jefferson,Juneau,Kenosha,Kewaunee,La Crosse,Lafayette,Langlade,Lincoln,Manitowoc,Marathon,Marinette,Marquette,Menominee, Milwaukee,Monroe,Oconto,Oneida,Outagamie,Ozaukee,Pepin,Pierce,Polk,Portage,Price,Racine,Richland,Rock,Rusk,Sauk,Sawyer,Shawano,Sheboygan,St. Croix,Taylor,Trempealeau, Vernon,Vilas,Walworth,Washburn,Washington,Waukesha,Waupaca,Waushara,Winnebago,Wood
Please take notice that although the law firm of Tracey Wood & Associates website contains a large amount of accurate and useful legal information about drunk driving, OWI, DUI, Sex Crimes, Expungement and other serious crimes, it is not intended to be used as legal advice. Only an attorney can counsel you on your specific case. Please contact the attorney at Tracey Wood & Associates immediately should you find yourself charged with a Drunk Driving in Wisconsin, a DUI (Driving Under the Influence), OWI (Operating Under the Influence) or any other serious crime in Wisconsin at (608) 350-1004. Even if your researching drunk driving laws or sex crime laws in Wisconsin, Lawyer Tracey Wood can assist you.