Madison WI Theft Defense Attorney Lawyer

There are numerous theft crimes in the Wisconsin criminal law ranging from misdemeanors to felonies, depending on the value of the property taken. The punishment categories for a theft charge under Wis criminal law 943.20 break down as follows:

If the value of the property does not exceed $2, 500, the crime is a Class A misdemeanor, punishable by up to 9 months jail and up to a $10,000 fine.

If the value of the property exceeds $2,500 but does not exceed $5,000, the crime is a Class I felony, punishable by prison of up to 3 years 6 months and a fine of up to $10,000. 

If the value of the property exceeds $5,000 but does not exceed $10,000, the crime is a Class H felony, punishable by prison of up to 6 years and a fine of up to $10,000. 

If the value of the property exceeds $10,000 or if the property is taken from the person of another or from a corpse, the crime is a Class G felony, punishable by prison of up to 10 years and a fine of up to $25,000.

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If any of the following circumstances exists, the crime is a Class H felony, punishable by prison of up to 6 years and a fine of up to $10,000.

1. The property is a domestic animal.

3. The property is taken from a building which has been destroyed or left unoccupied because of physical disaster, riot, bombing or the proximity of battle.

4. The property is taken after physical disaster, riot, bombing or the proximity of battle has necessitated its removal from a building.

5. The property is a firearm.

6. The property is taken from a patient or resident of a facility or program under s. 940.295(2) or from an individual at risk.

At its most basic, theft means to take and carry away  moveable property, without proper consent and with the intention to permanently deprive the owner of the property.  This is the concept of theft with which most people are familiar.  The general theft law in Wisconsin, however, considers all of the following circumstances criminal theft: 

(a) Intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of such property.

(b) By virtue of his or her office, business or employment, or as trustee or bailee, having possession or custody of money or of a negotiable security, instrument, paper or other negotiable writing of another, intentionally uses, transfers, conceals, or retains possession of such money, security, instrument, paper or writing without the owner's consent, contrary to his or her authority, and with intent to convert to his or her own use or to the use of any other person except the owner. A refusal to deliver any money or a negotiable security, instrument, paper or other negotiable writing, which is in his or her possession or custody by virtue of his or her office, business or employment, or as trustee or bailee, upon demand of the person entitled to receive it, or as required by law, is prima facie evidence of an intent to convert to his or her own use within the meaning of this paragraph.