Under Wisconsin law, a repeat offender is subject to enhanced sentencing. Whether a person is classified as a repeat offender depends upon the dates of the current and the previous criminal charges and convictions. The determination is made at the time of sentencing.
If at the time of sentencing of the current conviction the convicted defendant had been convicted of either one or more felonies or three or more misdemeanors during the five years immediately preceding the current criminal conviction, then they are a repeat offender under Wisconsin law, provided the previous convictions had not yet been reversed, vacated, or amended down to a noncriminal charge. Previous convictions that have successfully been stayed, suspended, withheld, or pardoned are still used as prior convictions for the purposes of determining repeat offender status, unless those convictions were amended as a result of a not guilty post conviction finding. Jail time and imprisonment do not count if the incarceration occurred within the previous five years. The period of time during which the defendant was incarcerated in jail or prison extends the five-year period of time.
The term for sentencing of a current misdemeanor or felony providing up to one year imprisonment, so long as all prior convictions were misdemeanors, can be increased up to two years. The term for sentencing of a current misdemeanor or felony providing one to ten years imprisonment, with the defendant having at least one prior felony conviction, can be increased up to four years. If the current crime provides for a period of imprisonment of more than ten years, then the maximum sentence of the current conviction can be increased by as much as two years, if all prior convictions were misdemeanors, and as much as four years, if any prior conviction was a felony.
Under Wisconsin law, a persistent repeat offender: Is currently convicted of a serious felony and has been previously convicted of two or more serious felonies which are still on the defendant's criminal record as unreversed convictions, each of the previous felonies occurring on separate occasions with a lapse of time between them, or Is currently convicted of a serious child sex offense, and has been previously convicted of at least one other serious sex offense, Unless the defendant was pardoned for one or both of the previous felonies on the grounds of a not guilty finding. A persistent repeat offender who is currently convicted of a felony can be sentenced to life imprisonment without the possibility of parole or extended supervision. Other sanctions may exist which will cause a lesser crime to be comparable to a more serious crime. Because of the complexities involved in these determinations, details of a court's perception of a crime currently under consideration for sentencing are best left to discussions with the lawyers at Tracey Wood & Associates. 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.