A Class H felony in Wisconsin is punishable by up to 6 years in state prison and a maximum fine of $10,000. Class H felonies in Wisconsin include OWI with minor, 4th offense OWI, and 200 grams to 1 kg possession of marijuana with intent to sell (Wis. Stat. § 939.50.).

Penalties vary based on prior convictions and other factors with sentences of up to 6 years in prison, fines up to $10,000, and possible extended supervision.

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What Is a Class H Felony in Wisconsin

A Class H felony in Wisconsin is a criminal offense punishable by up to 6 years in state prison, a maximum fine of $10,000, or both (Wis. Stat. § 939.50). Common offenses under a Class H felony include battery, drunk driving (4th offense OWI), drug possession, and weapons violations. 

A conviction can have lasting repercussions, including a permanent criminal record, potential employment restrictions, and limitations on voting rights and international travel. Unlike some lower offenses, a felony conviction cannot be expunged in most cases. While a Class H felony is less severe than Class A, B, or C felonies, it is still a serious legal matter that requires a strong defense.

Wisconsin categorizes crimes into felonies, misdemeanors, and other violations. Understanding the penalties and possible defenses is crucial if you're facing charges. Contact us today to learn more about your legal options and how we can fight for your rights.

You Are Only Guilty if Convicted

Types of Class H Felony

Grieve Law fights several types of Class H felony convictions. Many of our clients faced Class H felony charges such as:

• Aggravated battery causing great bodily harm
• Strangulation and suffocation
• Theft of property worth $5,000-$10,000 or of a firearm or domestic animal.
• Theft of property of any worth from another’s person, from a corpse, or a building destroyed or unoccupied due to physical disaster, riot, bombing, or proximity to a battle
• Arson with the intent to defraud
• Destruction of power lines, power service equipment, or other property critical to electricity distribution
• 4th OWI
• Wisconsin OWI with minor under the age of 16 in the vehicle 
• Second OWI causing an injury
• Possession of machine guns, silencers, and short-barreled rifles or shotguns
• Possessing a weaponized drone
• Possessing, making, or selling Molotov cocktails
• Possession of armor-piercing bullets during the commission of a crime
• Pointing a firearm at medical responders, firefighters, or police officers
• Possession of Schedule IV or Schedule I, II, or III non-narcotic drugs with the intent to sell them
• Possession of 200 g. to 1 kg. of marijuana with intent to sell it
• False Imprisonment
• Felony Bail Jumping

Grieve Law has fought for Wisconsin defendants and won time and again. Unlike Fee to Plea™ lawyers who talk you into surrendering your rights in plea deals, Grieve Law prepares powerful, strategic defenses that win cases. If you’ve been accused of a Class H felony in Wisconsin, call Grieve Law today for a free consultation.

 

Defenses for a Class H Felony Charge in Wisconsin

At Grieve Law, an experienced attorney will guide you through your initial appearance, explore all legal options, and challenge the prosecution’s case. Remember, the prosecution’s offer is not your only way out, you have the right to fight the charges.

When facing a Class H felony charge, understanding the legal system is critical. We build strong defense strategies to give you the best chance in court. We often start by examining whether the prosecution had probable cause to bring felony charges during the preliminary hearing. If they lack probable cause, the case cannot proceed to trial. We also analyze police and court records for any violations of your rights during the arrest or booking process. If a mistake was made before trial, a motion hearing can be called to dismiss the charges. Our attorneys use these defenses for many felony and misdemeanor violations. 

Our defense strategies for felony Class H felony charges include:

• For gun possession charges, Grieve Law will look at the nuanced interaction between the 2nd Amendment and Wisconsin machine gun laws. With an intricate knowledge of gun statutes, no other law firm in Milwaukee has the knowledge to defend your constitutional rights like Grieve Law.
• For drug charges, we thoroughly review the details of your arrest, the search, and any statements made to law enforcement. If your rights were violated, the prosecution’s evidence may be ruled inadmissible in court. We also investigate potential entrapment, which could prevent the state from pursuing charges.
• More serious Class H felonies, such as battery, can sometimes be reduced to misdemeanors. Grieve Law can work to reduce felony charges to misdemeanors. If you are not charged with any felonies, you cannot have your civil rights restricted and won’t serve time in state prison.

References: Classification of felonies. Wisconsin Statute § 939.50 (2025)