Can a class H & I felony charges in Wisconsin be reduced to a misdemeanors?
In Wisconsin many statutes basically state if the person is found guilty, it's a felony charge. Are there any legal mechanisms where you could plead guilty to such a charge; but it'll be reduced to a misdemeanor after probation or the prosecutor/court approves?
I ask this because other statutes say things like: (1m) A person who possesses a firearm is guilty of a Class G felony if any of the following applies: (b) The person has been convicted of a crime elsewhere that would be a felony if committed in this state.
Some states might give you a misdemeanor for writing a bunch of bad checks, but Wisconsin might consider it a felony. Or if you accidently elbowed a law enforcement officer in a bar fight in another state and were given a misdemeanor but Wisconsin would see it as felony battery to LEO?
The law in Wisconsin gives the district attorneys "prosecutorial discretion" which allows them to move the court to amend the charges from what were originally charged in the criminal complaint and/or the criminal information to lesser charges. Some charges are also statutorily eligible for expungement (including H & I felonies). If you are charged with a crime, you would be well advised to seek representation by an experienced criminal defense attorney. Once you have an attorney, you can ask these questions of that attorney and be able to get advice that is specifically tailored to your unique situation. I would also advise you not to talk to anyone about the case except your attorney until the case is completely resolved.
This communication is for the purposes of general advice only. This communication does not form any contractual obligation or establish attorney/client privilege on behalf of Attorney Stephen W. Sawyer or Sawyer Law LLC.
Asker
It seems the statutes are somewhat messed up in Wisconsin... From the way I understand it you could get a felony expunged if it was committed in Wisconsin... But if Wisconsin considers a crime committed in a different state a felony even though it's a misdemeanor... That state expunging the record will not affect anything, and you need to go through the pardon process to have your rights restored.
Asker
Also thank you for taking the time to respond. I'm not under any criminal charges or probation.