Penalties

Repeater: An individual who was convicted of a felony during the 5-year period {excluding confinement time) immediately preceding the commission of the crime for which the person is being sentenced is a “repeater.” A person may also be a repeater if they are convicted of 3 misdemeanors on separate occasions.

Additional Penalty: Any maximum term of imprisonment of one year or less may be increased to not more than 2 years. Wis. Stat. 939.62. Any maximum term of imprisonment between 1-10 years may be increased by 2 years if the prior convictions were misdemeanors and 4 years if they were felonies. Id. Any maximum term of imprisonment greater than 10 years may be increased by 2 years if the prior convictions were misdemeanors and 6 years if they were felonies. Id.

If the person has two or more convictions on separate occasions for which a domestic abuse surcharge was issued in the last ten years and is charged with a new domestic abuse charge, the maximum penalty may be increased by not more than 2 years and the charge is changed from a misdemeanor to a felony. Wis. Stat. 939.621

If an individual has a prior drug related conviction, for example from cocaine or THC, the next offense may be increased from a misdemeanor to a felony at charging.