Theft by False Representation Defense Lawyer in Wisconsin
Charged with Theft by Fraud (False Representation) under Wis. Stat. § 943.20(1)(d)? These cases often rely on emails, texts, contracts, digital records, and witness interpretations – and many can be challenged with a strong, evidence-focused defense.
What the Law Says About Theft by False Representation in Wisconsin
Wisconsin’s theft-by-fraud statute, Wis. Stat. § 943.20(1)(d), applies when a person obtains title to another’s property by using a false representation—something presented as a fact, or in some cases a promise made with no intention of performing—to intentionally deceive and defraud the owner. The statute focuses on the communication and reliance involved in the transaction, distinguishing criminal fraud from ordinary misunderstandings, business disputes, and contract performance issues.
A false representation may be made directly to the property owner or indirectly through a third party if the defendant intended, or reasonably expected, the statement to be communicated to the owner. Importantly, the law requires that the victim actually relied on the misrepresentation in parting with their property, but it does not require proof of financial loss or negligence by the victim in failing to detect the alleged fraud.
At Chirafisi Anderson, S.C., we defend individuals accused of violating any of Wisconsin’s property crime statutes including theft by false representation.
Elements of Theft by False Representation
To secure a conviction, the State must prove all seven elements beyond a reasonable doubt:
- Ownership: The alleged victim owned the property.
- False Representation: The defendant made a false representation of fact (or a false promise as part of a fraudulent scheme).
- Knowledge of Falsity: The defendant knew the representation was false.
- Intent to Defraud: The defendant acted with intent to deceive and defraud.
- Obtaining Title: The defendant obtained title to the property through the misrepresentation.
- Victim Was Deceived: The representation misled the victim.
- Victim Was Defrauded: The victim relied on the representation in parting with title to the property.
Intent and knowledge may be inferred from conduct, statements, and surrounding circumstances.
These elements are detailed in Wisconsin Jury Instruction – Criminal 1453A Theft by False Representation
Common Scenarios in Wisconsin Theft by Fraud Cases
- Contractor or home-repair fraud allegations
- Misrepresentations in online marketplace sales
- False statements to obtain loans, deposits, or property
- Using a third person to convey false information
- Providing false documents, invoices, or certifications
- Failing to perform after receiving money where intent not to perform existed at the start
- Rental or equipment-lease misrepresentations
- Check fraud or payment misrepresentation schemes
- Business-to-business contract disputes charged as theft
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Penalties and Sentencing for Theft by False Representation in Wisconsin
Similar to other theft charges in Wisconsin, penalties depend on the value of the property obtained and any specific felony enhancers. Theft by false representation ranges from a Class A misdemeanor to a Class F felony.
|
Value / Circumstance |
Classification |
Penalty |
|---|---|---|
|
≤ $2,500 |
Class A Misdemeanor |
Up to 9 months jail and $10,000 fine |
|
$2,500–$5,000 |
Class I Felony |
Up to 3.5 years imprisonment (1.5 years initial confinement + 2 years extended supervision) and $10,000 fine |
|
$5,000–$10,000 |
Class H Felony |
Up to 6 years imprisonment (3 years initial confinement + 3 years extended supervision) and $10,000 fine |
|
$10,000–$100,000 |
Class G Felony |
Up to 10 years imprisonment (5 years initial confinement + 5 years extended supervision) and $25,000 fine |
|
> $100,000 |
Class F Felony |
Up to 12.5 years imprisonment (7.5 years initial confinement + 5 years extended supervision) and $25,000 fine |
|
Special Circumstances (§ 943.20(3)(d) |
Certain circumstances (firearm, disaster, at-risk individual, etc.) automatically elevate the offense to a Class H Felony, regardless of value |
Up to 6 years imprisonment (3 years initial confinement + 3 years extended supervision) and $10,000 fine |
Aggregation under § 971.36(3) allows multiple fraudulent transactions to be treated as a single theft, significantly impacting penalty exposure. Restitution may be ordered for the full amount of the loss to the victim. Judges also consider criminal history, restitution efforts, cooperation, and how the incident occurred.
Defenses and Legal Strategies for Theft by False Representation
Common defense strategies for Theft by False Representation include:
View some of the results the attorneys at Chirafisi Anderson, S.C. have obtained in felony theft cases across Southern and Central Wisconsin: Criminal Defense Case Results
Why Hiring a Theft by False Representation Lawyer Matters
False representation based theft cases often hinge on intent, communication, and how the parties understood a transaction—issues that are rarely clear from police reports alone. These charges carry serious criminal, professional, and financial consequences, and early legal intervention is critical to preserving evidence, documenting good-faith efforts, and challenging the State’s interpretation. The attorneys at Chirafisi Anderson, S.C. have the experience and proven results to protect your rights, and we understand how prosecutors across Southern Wisconsin evaluate fraud allegations and what strategies lead to dismissed or reduced charges. Our team works closely with clients to limit reputational and long-term impacts in both personal and business settings.
Contact Chirafisi Anderson, S.C.
If you are under investigation or charged with theft by false representation, early involvement of counsel can dramatically influence the outcome. Contact us today for a free consultation.