Class U misdemeanors in Wisconsin are misleading. The “u” stands for unclassified. But they’re certainly anything but unclassified. Specific penalties still apply to Class U misdemeanors and have either specific penalties described in the statute or general penalties that apply to all misdemeanors. Interestingly, Class U misdemeanors often include crimes involving substances, driving, or both (think drunk driving).
Secondly, Class U misdemeanors range from some of the most serious misdemeanor penalties all the way down to the most mitigated. Penalties for these offenses range from 30 days in jail all the way up to a full year in jail.
Finally, if you have any questions regarding a misdemeanor offense in Wisconsin, contact our firm immediately. The criminal defense attorneys at Van Severen Law Office constantly defend individuals facing misdemeanor charges. In the past we’ve represented thousands of individuals, and a portion of those cases were misdemeanor u offenses. We answer phones 24/7, so contact us immediately at (414) 270-0202.
“Penalty when none expressed”
Penalty when none expressed is the title of Section 939.61 of the Wisconsin Statutes. This sections discusses unclassified misdemeanors and classifies them for us. There are two sections:
(1) If a person is convicted of an act or omission prohibited by statute and for which no penalty is expressed, the person shall be subject to a forfeiture not to exceed $200.
(2) If a person is convicted of a misdemeanor under state law for which no penalty is expressed, the person may be fined not more than $500 or imprisoned not more than 30 days or both.
When a Class A, Class B, or Class C penalty is not included in a criminal statute, and that criminal statute does not provide a specific penalty, 939.61 instead provides penalties. If the issue is non-criminal, the maximum penalty is a $200.00 fine. If the issue is criminal, the maximum penalty is $500 and 30 days in jail.
What are examples of Class U misdemeanors in Wisconsin?
As previously mentioned, a significant portion of Class U misdemeanors involve substances, alcohol, driving, or some combination of these issues. Here are some examples:
2nd offense OWI – Penalties include $300-$600 in fines and up to six months in jail. The OWI statute describes the penalties for this offense.
3rd offense OWI – Penalties include $600-$1,200 in fines and up to one year in jail. The OWI statute also describes the penalties for this offense.
Boating under the influence – Penalties include $300-600 in fines and up to one year in jail (depending on priors). The boating under the influence statute describes these penalties.
First offense possession of cocaine, crack, LSD, or amphetamines – Penalties include up to $5,000.00 in fines and one month in jail.
Misdemeanor U charges in Wisconsin can be incredibly serious. Contact our misdemeanor defense attorneys at (414) 270-0202 for help.
How do we win my criminal case?
Firstly, it’s important to understand that all criminal cases are different. The state actors are different. Defendants are different. And prosecutors are usually different. Because of that, certainly the specific cases are different.
Secondly, what charges do you face? If you face misdemeanor OWI charges, your criminal defense attorney has a few issues to analyze. First off, why did police stop your vehicle? Unless they have a valid constitutional reason to stop your vehicle, we may have a pre-trial motion to file challenging the legality of the stop. Secondly, let’s take a look at how police administered field sobriety tests. Let’s look at the reason they arrested you. Let’s check to see whether the police reports line up with what the videos actually show. Cops like to exaggerate the truth, so certainly locking them down on a specific lie could help other aspects of your case.
In contrast, was this a drug case? Did police execute a search warrant on your home? Your criminal defense attorneys will usually begin analyzing your case for motions focused on an illegal search. Generally speaking, if the search wasn’t valid, the results of that search won’t be valid either. This pre-trial motion, when successful, leads to the suppression of evidence found during that search.
Finally, you always maintain your right to a jury trial. This is the case for both misdemeanor and felony charges. If the government cannot prove you committed the offense, by a standard of proof beyond a reasonable doubt, the jury is instructed to find you not guilty.
Contact Van Severen Law Office immediately
We certainly recognize how difficult facing a criminal conviction is. The criminal defense attorneys at Van Severen Law Office help defend individuals every single day. We defend misdemeanors. We defend felonies. Basically, we defend everyone facing any allegation they’ve committed a criminal act.
While this article discussed Misdemeanor U penalties, we can help you with any kind of criminal charge. Contact us immediately at (414) 270-0202. Let’s start fighting your case together.
