Theft Defense Lawyers in Wisconsin

Charged with Theft in Wisconsin? At Chirafisi Anderson, S.C., we help clients throughout Southern and Central Wisconsin fight theft charges, protect their rights, and preserve their future.

(608) 250-3500 Schedule a Free Consultation

Defending Clients Charged With Theft Across Southern and Central Wisconsin

A Wisconsin theft charge is more than “just a property case.” A conviction can follow you for years as a crime of dishonesty, affecting jobs, professional licenses, and future plea negotiations in other cases. If you’re being investigated or charged with theft in Madison, Dane County, or anywhere in Southern and Central Wisconsin, you need a plan that protects both your record and your reputation..

At Chirafisi Anderson, S.C., we defend clients against all types of theft charges—from shoplifting allegations and employee theft to felony-level contractor and business fraud cases.

What Is Theft Under Wisconsin Law?

Under Wis. Stat. § 943.20(1)(a), “theft” generally means intentionally taking or controlling someone else’s movable property without consent, with the intent to keep it from them permanently.

In plain English, the State typically has to prove four things beyond a reasonable doubt:

You intentionally took and carried away movable property (or otherwise exercised control over it).
The property belonged to someone else.
The owner did not consent to you taking or keeping it.
You intended to deprive the owner permanently of the property.

“Movable property” simply means property whose physical location can be changed—money, merchandise, tools, electronics, vehicles, and similar items.

Find the specific elements of theft at Wisconsin Jury Instruction 1441.

Even at the misdemeanor level, a theft conviction is a character marker that shows up on background checks as a dishonesty offense. That’s why it’s critical to understand not only what the State must prove, but also where the weak points in their case may be.

Wisconsin Theft Penalties and Charge Levels

The penalties for theft in Wisconsin depend largely on value, what was taken, and how it was taken. Under § 943.20(3), a theft case can range from a Class A misdemeanor to a serious felony.

Property Value	Classification	Maximum Penalty
≤ $2,500	Class A Misdemeanor	Up to 9 months in jail and up to a $10,000 fine
$2,500 – $5,000	Class I Felony	Up to 3.5 years (1.5 years initial confinement + 2 years extended supervision) and up to a $10,000 fine
$5,000 – $10,000	Class H Felony	Up to 6 years (3 years initial confinement + 3 years extended supervision) and up to a $10,000 fine
$10,000 – $100,000	Class G Felony	Up to 10 years (5 years initial confinement + 5 years extended supervision) and up to a $25,000 fine
> $100,000	Class F Felony	Up to 12.5 years (7.5 years initial confinement + 5 years extended supervision) and up to a $25,000 fine

Felony Theft Based on What Was Taken (943.20(3)(d)–(e))

Even when the dollar value is lower, theft can be charged as a felony if certain special circumstances apply, for example:

The property is a firearm
The property is taken from a person (e.g., directly from someone’s body or immediate possession)
The property is a domestic animal
The property is taken from an individual at risk, patient, or resident in certain facilities
The property is taken from a building affected by disaster, riot, or similar events

On top of that, Wisconsin law sometimes allows the State to aggregate multiple smaller thefts “pursuant to a single intent and design” into a single felony case if they’re from the same owner and part of one scheme. That can turn a series of small incidents into one serious felony charge.

Common Wisconsin Theft Cases We Handle

“Theft” is a broad term. Many specific charges are either built on § 943.20 or closely related to it. On this page, we introduce the landscape and then provide more detailed sub-pages for each charge.

Retail Theft

Retail theft cases often involve stores, loss prevention officers, and surveillance video. While retail theft is technically a separate statute (943.50), it functions as a specialized theft law for merchandise and businesses open to the public.

Learn More

Theft by Contractor

In theft by contractor cases, the State claims money paid for a construction project was held in a statutory trust and used for something other than paying labor and material claims.

Learn More

Theft by False Representation

Here, the allegation is that someone obtained title to property by intentionally deceiving another person with a false representation (often in a business, investment, or personal transaction).

Learn More

Theft in a Business Setting

These cases involve someone who, by virtue of their employment or position of trust, is alleged to have used or retained company money for their own purposes.

Learn More

Wisconsin Misdemeanor and Felony Theft Attorneys Free Consultations

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How We Defend Theft Charges in Wisconsin

Every theft case is different. Some are about a misunderstanding over ownership or consent. Others hinge on valuation, identity, or whether the State can prove an intent to permanently deprive. In Madison and across southern Wisconsin, we focus on:

Challenging “intent to steal” – Showing that your actions were consistent with borrowing, a temporary use, or an honest dispute—not an attempt to permanently deprive someone of property.
Disputing value and aggregation – Carefully examining how the State calculated the value, whether they can lawfully aggregate multiple incidents, and whether the proof supports the felony threshold.
Attacking the State’s proof of ownership and consent – In many cases, documents, contracts, or course-of-dealing show that the situation is a civil or business dispute, not a criminal theft.
Suppressing statements and illegally obtained evidence – If officers pushed past your constitutional rights or obtained evidence improperly, we may move to suppress statements, searches, or seizures.
Reframing the case toward civil resolution or alternative outcomes – In some situations, negotiations, restitution, or diversion-based outcomes can minimize the long-term impact on your record, employment, and licensing.

Every defense begins with an exhaustive review of the evidence and a command of the statutory elements unique to the charge.

Why Hiring a Wisconsin Theft Defense Lawyer Matters

A theft charge doesn’t just carry the risk of jail. It also labels you as someone who can’t be trusted with money or property, which can be devastating for employment, professional licensing, and future court proceedings. Facing a theft charge in Madison, Dane County, or a surrounding county is serious, but you don’t have to navigate it alone. The attorneys at Chirafisi Anderson, S.C. have the experience, trial background, and knowledge of local courts to identify defenses, challenge the State’s theory, and protect your future.

Local Experience Matters: Theft cases often turn on local practices, personalities, and expectations. We know how local jurisdictions across Southern Wisconsin treat restitution, plea negotiations, and sentencing in theft cases. We take the time to learn your goals and build a strategy tailored to your situation—not a one-size-fits-all plea.

Proven Track Record of Results: We have obtained dismissals, charge reductions, and not-guilty verdicts in theft-related cases involving businesses, contractors, and individuals. Our approach blends detailed factual investigation with a deep understanding of how judges and prosecutors actually handle these cases in southern Wisconsin.

Recognized Legal Excellence: Our attorneys have years of courtroom experience defending clients charged with theft and other property crimes throughout Southern and Central Wisconsin including Dane, Rock, Iowa, Green, Columbia, Jefferson, and Sauk Counties. We regularly handle cases in both municipal and circuit courts, from first-time shoplifting to complex felony theft and contractor cases.

Theft Case Results

Child Abuse, Strangulation, and Theft – Dane County (July 2025)

Result: Not Guilty on All Counts
Felony Theft – Dane County (November 2024)

Result: Not Guilty at Jury Trial
Fraudulent Writings & Felony Theft – Dane County (November 2022)

Result: All Charges Dismissed Pre-Trial

View additional results from our attorneys

Charged With Theft in Wisconsin?

Talk With a Wisconsin Theft Defense Lawyer Today.

If you’re under investigation or already charged with theft in Madison or any surrounding county, you should speak with a defense attorney as early as possible—before you talk to law enforcement, and before you make decisions about restitution, civil demands, or plea offers. Contact Chirafisi Anderson, S.C. to schedule a confidential consultation about your theft case. We’ll review the charges, explain what the State has to prove, outline your options, and start building a strategy to protect your record, your reputation, and your future.

(608) 250-3500 Schedule a Free Consultation

Frequently asked questions – Theft Charges in Wisconsin

Not always—but value is a major driver. Under 943.20(3), theft is a Class A misdemeanor if the value is $2,500 or less, and becomes a felony as value goes up in set brackets. However, even at lower values, theft can be a felony if certain special circumstances apply (for example, a firearm or theft from a person). On the other hand, if the State can’t prove the value beyond a reasonable doubt, the case may be limited to a lower-level offense.

Yes. Returning property may help at sentencing or during negotiations, but it doesn’t automatically erase the original allegation. The core question under 943.20(1)(a) and WI JI–Criminal 1441 is what your intent was at the time of the taking—whether you intended to permanently deprive the owner. In many cases, we use repayment or return of property as part of a broader defense and mitigation strategy.

Robbery involves taking property from a person by using or threatening force. Theft under 943.20 can cover situations where the property is taken without the person being directly confronted—like property taken from a store shelf, from a parked vehicle, or from an employer’s accounts. Theft is often a building block to other charges (robbery, burglary, etc.), but it remains its own separate offense.

Sometimes, yes. Wisconsin law allows prosecutors, in certain circumstances, to aggregate multiple thefts from the same owner when they were committed pursuant to a single intent and design or part of a single deceptive scheme. That can turn a series of smaller incidents into one larger felony case. A big part of our job is to scrutinize timeline, ownership, and intent to see whether aggregation is actually lawful and provable.

Almost always. Theft is a classic crime of dishonesty and is frequently flagged in background checks for employment, professional licensing, and rental housing. Even a misdemeanor theft can create long-term problems. Part of our focus in Madison and throughout southern Wisconsin is not just “avoiding jail,” but also protecting your record and future opportunities, whether through dismissal, reduction to a non-theft offense, or other resolutions.