Wisconsin Burglary Charges
Burglary Laws

WISCONSIN STATUTES

BURGLARY

Under the Wisconsin burglary statute, the prosecutor must prove beyond a reasonable doubt that a person:

• intentionally entered property (e.g., a building or dwelling, enclosed railroad car, enclosed portion of a ship or vessel, locked and enclosed cargo portion of a truck or trailer, a motor home, or a room within any of these enclosures)
• without the consent of the person in lawful possession and
• with intent to steal or commit a felony

A Wisconsin burglary charge is a Class F felony.  The maximum penalty for a Wisconsin Class F felony is 12 years in prison and a $25,000 fine.

In addition, whoever violates the burglary statute under the following conditions is guilty of a Class E felony:

• the person is armed with a dangerous weapon or device
• the person is unarmed, but arms himself with a dangerous weapon or device while in the burglarized enclosure
• the person opens or attempts to open any depository using an explosive device while in the burglarized enclosure
• the person commits a battery upon a person lawfully in the burglarized enclosure
• the burglarized enclosure is a dwelling, boat, or motor home and another person is lawfully present at the time of the violation

The maximum penalty for a Wisconsin Class E felony is 15 years in prison and a $50,000 fine.

POSSESSION OF BURGLARY TOOLS

In Wisconsin, having certain tools or devices can result in charges of possession of tools associated with burglary. To gain a conviction, the State must prove beyond a reasonable doubt that a person:

• has in their possession any device or instrumentality
• intended, designed, or adapted for use in breaking into any depository designed for the safekeeping of valuables or into any building or room, to steal therefrom

The maximum penalty for possession of burglarious tools is 3 years and 6 months in prison and a $10,000 fine.

ENTRY INTO A LOCKED COIN BOX

Another type of burglary related crime is breaking into a locked coin box.  To prove guilt of this crime, the prosecutor must prove that a person did the following beyond a reasonable doubt:

• intentionally enters a locked coin box of another
• without consent
• with intent to steal therefrom

The maximum penalty for entry into locked coin box in Wisconsin is 9 months in jail and a $10,000 fine.

WI Burglary Case Law

• Entry into a hotel lobby open to the public, with intent to steal, is not burglary. Champlin v. State, 84 Wis. 2d 621, 267 N.W.2d 295 (1978).
• The state need not prove that the defendant knew that his or her entry was without consent. Hanson v. State, 52 Wis. 2d 396, 190 N.W.2d 129 (1971).
• A burglary is completed after a door is pried open and entry made. It was no defense that the defendant had changed his mind and started to leave the scene when arrested. Morones v. State, 61 Wis. 2d 544, 213 N.W.2d 31 (1973).
• Evidence that the defendant walked around a private dwelling knocking on doors, broke the glass in one door, entered the dwelling, and when confronted offered no excuse, was sufficient to sustain a conviction for burglary. Raymond v. State, 55 Wis. 2d 482, 198 N.W.2d 351 (1972).
• In a burglary prosecution, ordinarily once proof of entry is made, it is the defendant’s burden to show consent. When a private residence is broken into at night, little evidence is required to support an inference of intent to steal. LaTender v. State, 77 Wis. 2d 383, 253 N.W.2d 221 (1977).

Wisconsin Robbery Laws

The crime of Robbery in Wisconsin is, basically, theft by the use of force. A theft is the taking and carrying away of the property of another with the intent to permanently deprive the rightful owner of that property. Force is any action that either prevents the property owner (or anyone else) from preventing the theft; it is also any action that threatens to cause such prevention. The type of force used or threatened determines the classification or degree of the crime and the penalties associated with it.

WISCONSIN ROBBERY PENALTIES

A Wisconsin robbery charge is a Class E felony unless a dangerous weapon was used during the robbery, in which case it is a Class C felony. Obviously, a gun is considered a dangerous weapon; however, a dangerous weapon can also include any other device that is capable of causing bodily injury or death.

A Class C felony includes penalties of up to 40 years imprisonment, or $100,000 fine, or both. If a convicted defendant is classified as a repeat offender, the court can order up to 2 additional years imprisonment if the prior convictions were misdemeanors and up to six additional years imprisonment if the priors were felonies.

A Class E felony includes penalties of up to 15 years imprisonment, or a $50,000 fine, or both. Repeat offender classification increases the imprisonment terms up to 2 years with prior misdemeanor convictions and up to six years with prior felony convictions.

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WISCONSIN ROBBERY STATUTES

Wisconsin Statute Section 943.32 defines the crime of robbery in its various forms as follows:

If you are under investigation or have been arrested for robbery, contact our firm today for a free initial consultation.  We will give you a straightforward, honest opinion of your case, as well as an explanation of your rights and options.

Wisconsin Crimes of Theft

Under the Wisconsin Theft Statute, a person is guilty of a theft when they intentionally and knowingly take and carry away the property of another, without consent and with the intent to permanently deprive the rightful owner of that property.

IN GENERAL

Intent

Intent is a big part of a theft crime.  In order to prove theft, the prosecutor must show that the person intended to take and carry away the property.  Taking someone’s things by mistake, such as a similar-looking coat or cell phone at the diner, is not theft. 

The act of carrying away property need not involve removing the property from the premises.  Under the Wisconsin theft laws, the crime of theft can occur even if the property taken does not leave the building, as long as the person taking the property intended to carry it away from its owner.

Wisconsin law provides that not only must it have been the thief’s intent and purpose to take the property, but he also must have intended that the owner of the property never get that property back.

Under Wisconsin theft laws, the prosecution must prove that the person in rightful possession of the property gave no consent to the defendant to take and carry away their property. The prosecutor must also prove that the defendant knew or should have known that they did not have the property owner’s consent to take the property.

Property Defined

Wisconsin theft laws define property broadly.  Property includes any item of personal, commercial, or industrial ownership, including: jewelry, clothing, real estate, intellectual property, services (e.g., cable TV and cell phone carriers), and institutional property.

Money may be defined as property, but only if the alleged victim can prove that the bills recovered by police have the same serial numbers as the bills they claim were stolen from them.

Ownership of Property
Under Wisconsin theft laws, property must be in the possession of another at the time the theft is alleged to have occurred.  If not, the circumstances may instead result in embezzlement charges, or theft by fraud.  Further, the law does not require “rightful” ownership to prove a theft occurred.

RETAIL THEFT | SHOPLIFTING | INTENTIONALLY TAKE

Wisconsin law defines Retail Theft or shoplifting as the intentional taking and carrying away of property that belongs to the store without having paid for it, or without having obtained permission to remove the property.  Like all theft charges, shoplifting requires proof of intent to permanently deprive the store of that property.  Accidentally taking property does not qualify as a theft.

THEFT MOVABLE PROPERTY

Wisconsin law defines Theft Movable Property as someone who intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the owner’s consent and with intent to deprive the owner permanently of possession of such property.  Again, intent is the key here.

WISCONSIN THEFT PENALTIES

Generally speaking, the crime of theft is punishable as a misdemeanor or felony.  The value of the stolen property, who the property was taken from, and the nature of the stolen property determines the classification or degree of the crime and the penalties associated with it.