Wisconsin Assault Penalties (2026)

Simple assault and aggravated assault 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 assault charges in Wisconsin, consult a licensed Wisconsin criminal defense attorney.

Wisconsin Assault Penalties

OffensePenalty
First OffenseClass A misdemeanor: up to 9 months jail, $10,000 fine
Second OffenseClass I felony: up to 3.5 years prison

Wis. Stat. §940.19; 4th degree sexual assault different statute

Assault Statute of Limitations in Wisconsin

In Wisconsin, the statute of limitations for assault is generally 6 years for assault-type offenses. Murder and certain violent crimes have no statute of limitations in Wisconsin.

See all Wisconsin statutes of limitations →

Defending Against Assault Charges in Wisconsin

Common defenses in Wisconsin assault 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