Wisconsin Burglary Penalties (2026)

Burglary and breaking-and-entering charges charges in Wisconsin: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing burglary charges in Wisconsin, consult a licensed Wisconsin criminal defense attorney.

Wisconsin Burglary Penalties

OffensePenalty
First OffenseClass F felony (2nd degree): up to 12.5 years prison
Second OffenseClass E felony (1st degree): up to 15 years prison

Wis. Stat. §943.10; 1st degree involves armed or occupied dwelling

Burglary Statute of Limitations in Wisconsin

In Wisconsin, the statute of limitations for theft and property crimes is generally 6 years.

See all Wisconsin statutes of limitations →

Defending Against Burglary Charges in Wisconsin

Common defenses in Wisconsin burglary cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Wisconsin criminal defense attorney for advice.

Related Wisconsin Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication