Statute of Limitations for Class A / 1st Degree Felony in Wisconsin

5 min read

Published March 22, 2026 • By DocketMath Team

Overview

In Wisconsin, the statute of limitations (SOL) sets a deadline for the State to start a criminal prosecution. For a Class A felony / 1st degree felony, that deadline is generally 6 years under Wis. Stat. § 939.74(1).

DocketMath’s statute-of-limitations calculator is designed to help you translate the statute into a timeline you can work with—especially when you’re trying to answer questions like:

  • When does the SOL clock start?
  • What date range is covered before the deadline?
  • How do key exceptions affect the “last day to file” analysis?

Note: This page focuses on the statutory framework and timing concepts. It’s not legal advice, and it can’t capture every fact-specific detail that may affect how Wisconsin courts apply tolling or exceptions.

Limitation period

Default SOL for Class A / 1st degree felony (Wisconsin)

For Class A felony prosecutions, Wisconsin uses a 6-year limitation period.

  • Primary SOL period: 6 years
  • Statutory basis: **Wis. Stat. § 939.74(1)

DocketMath will use this baseline when calculating a potential filing deadline.

Practical timeline concept: “start date → deadline”

A limitation-period calculation usually depends on two moving parts:

  1. The starting point: the event that triggers the limitations period (commonly the date of the alleged offense; sometimes other dates come into play depending on the exception).
  2. The length of time allowed: here, 6 years.

Because Wisconsin has specific tolling and exception rules, the “deadline” shown by a calculator should be treated as a starting point for timeline planning, not a final legal determination.

What you typically input into a SOL calculator

When using a SOL tool like DocketMath’s, you generally provide facts such as:

  • Date of the alleged offense (often treated as the clock start)
  • Case filing date (or the date you’re comparing against)
  • Any known tolling triggers or exception indicators (if the tool supports them)

Your output changes depending on whether an exception applies:

  • No exception: add 6 years to the clock start (accounting for the tool’s method of counting time).
  • Exception applies: the effective deadline may be extended or the clock may be paused—meaning the “last filing date” could move later.

Key exceptions

Wisconsin’s SOL scheme includes exceptions that can change when the SOL period runs or whether it is tolled. For your Class A felony SOL analysis, the key takeaway is that the 6-year period is the default, but there are statutory circumstances that can alter the calculation.

Exception example used in this brief: “exception V2”

This page’s Wisconsin data notes:

  • Wis. Stat. § 939.74(1) — 6 years — exception V2

That label corresponds to one of the statutorily described scenario types in Wisconsin’s limitations framework. In practice, exception coverage can affect one or more of the following:

  • Whether the limitations clock starts when you expect
  • Whether the clock is suspended for a period of time
  • Whether a separate triggering rule applies

Because exceptions are fact-driven, the most reliable workflow is:

  • Use the baseline 6-year window first.
  • Then check which exception category (like “V2”) best matches the case facts.
  • Re-run the calculation with the exception indicator enabled.

Pitfall: A calculator result using only the baseline period (6 years) can be misleading if the case facts fit a statutory tolling/exception scenario. Always make sure the inputs reflect the exception posture being modeled.

How exceptions usually show up in SOL questions

While the specific mechanics depend on the exception type, SOL questions often turn on facts such as:

  • Whether the prosecution was delayed due to legally recognized reasons
  • Whether the defendant was unavailable in a way that triggers statutory tolling
  • Whether the offense date is disputed or whether another statutory start date is triggered

If you’re building a timeline, treat these as “decision points” and run the calculator in both modes (baseline vs. exception-enabled) when appropriate.

Statute citation

The controlling Wisconsin statute for the limitation period described here is:

For this brief’s dataset:

  • SOL Period: 6 years
  • Statute: **Wis. Stat. § 939.74(1)
  • Exception noted: exception V2

Use the calculator

DocketMath’s statute-of-limitations tool is the fastest way to turn the 6-year Wisconsin rule into concrete dates and comparisons.

Suggested workflow

Use the calculator like this:

  • Step 1: Enter the alleged offense date (clock start input).
  • Step 2: Confirm whether you are modeling a baseline calculation (6 years) or exception V2.
  • Step 3: Enter the date you care about (for example, the filing date or a cutoff date) to see whether it falls within the limitations window.
  • Step 4: Review the output for the tool’s computed deadline and whether prosecution appears timely under the modeled assumptions.

How outputs change when an exception applies

A simple way to think about the difference:

Modeling choiceWhat the tool assumesLikely effect on deadline
Baseline only6-year period runs without tollingDeadline stays closer to “offense date + 6 years”
Exception enabled (V2)Statute provides a different timing/tolling pathDeadline may shift later depending on the statutory mechanics

Quick reference checklist (for your inputs)

Primary CTA: Use DocketMath’s statute-of-limitations calculator

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