Statute of Limitations for Class D / 4th Degree Felony in Wisconsin

Overview

In Wisconsin, the statute of limitations (SOL) sets the latest point by which the State must file charges for a criminal offense. For a Class D felony / 4th degree felony, that deadline is governed by Wis. Stat. § 939.74(1).

Because SOL rules also include specific start dates and possible tolling (pauses/interruptions), two cases that look similar on paper can still produce different outcomes. This page focuses on the baseline timing for a Class D felony, then highlights the most relevant exceptions to watch for—so you can feed accurate facts into DocketMath’s statute-of-limitations calculator.

Limitation period

Baseline SOL for Class D / 4th degree felony in Wisconsin

For Wisconsin felonies, the default limitations periods are listed in Wis. Stat. § 939.74. For a Class D felony (4th degree felony), the applicable limitations period is:

• 6 years from the relevant starting event (generally, the date the crime is committed, subject to statutory rules affecting when the clock starts or stops).

DocketMath’s SOL calculator is designed to operationalize these timelines. If your case facts include events that change the effective counting period, the calculator can reflect that by using the inputs that correspond to the statutory rules.

What “6 years” means in practice

To understand how the timeline runs, you’ll usually think in terms of:

1. The incident date (when the conduct occurred)
2. The charging date (when the State filed the charge)
3. Any statutory adjustments (exceptions/tolling that delay the expiration or change when the period starts/ends)

A quick way to sanity-check a timeline:

• If charges were filed more than 6 years after the operative start date, the case may be outside the SOL unless an exception applies.
• If charges were filed within 6 years, SOL is typically satisfied on the baseline rule—again subject to exceptions that may extend or alter the deadline.

Inputs that change the output (and why)

In DocketMath, the statute-of-limitations calculator generally relies on:

• Offense type (selecting Class D / 4th degree felony)
• Date of offense
• Key events affecting SOL (when applicable)

As you change these inputs:

• Changing the date of offense shifts the expiration date by the same amount.
• Adding a tolling/exception-related event can move the expiration date later or change how the count is calculated—depending on the governing statute and the fact pattern.

Key exceptions

Wisconsin’s SOL framework includes circumstances that can affect whether the SOL clock runs in the ordinary way. The specific exceptions are found in Wis. Stat. § 939.74, including subsection (1), and they can apply even when the baseline period (here, 6 years) would otherwise end the case.

Below are the categories you should be ready to identify if you’re modeling timelines with DocketMath.

Exception structure for subsection (1)

The statute’s subsection (1) provides the basic 6-year limitation for certain offenses and then lists exceptions. Your output can change if the case fits an exception described within that subsection (including the exception labeled as “V2” in the DocketMath jurisdiction ruleset you’re using).

Practical exception checklist (for timeline modeling)

Use this checklist to decide whether you need to supply additional facts into the calculator:

What to watch for when the SOL is close

The SOL clock can be decisive when the charge is filed near the 6-year mark. In those cases, exception facts matter most because they may:

• extend the expiration beyond the baseline,
• adjust the operative start date, or
• alter whether the limitations period has been satisfied.

Statute citation

The Wisconsin statute governing the limitations period for Class D felony / 4th degree felony is:

• Wis. Stat. § 939.74(1) — 6 years (includes exceptions within subsection (1), including the exception identified as V2 in the jurisdiction rule set)

  • Source: https://codes.findlaw.com/wi/crimes-ch-938-to-951/wi-st-939-74/

Use the calculator

You can estimate the SOL expiration date and see how changes to inputs affect the output using DocketMath’s statute-of-limitations tool: ** /tools/statute-of-limitations

How to use it effectively

1. Open /tools/statute-of-limitations .
2. Select the offense category corresponding to Class D / 4th degree felony.
3. Enter the date of offense (the operative conduct date the charge is tied to).
4. If the case facts include events relevant to SOL exceptions/tolling, add those inputs so the tool can adjust the timeline rather than relying on a simple “plus 6 years” rule.

How outputs change when you adjust inputs

Here’s what typically changes:

• Change the offense date: the expiration date shifts proportionally.
• Add an exception-related event: the expiration date may move later or require a different counting method under subsection (1) rules.
• Update the charge-related date reference: if the calculator is comparing against a filing date, the pass/fail outcome for SOL can change.

Quick interpretation guide

Use these checks when reviewing the calculator results:

• If the calculator indicates the charge date is after the modeled SOL expiration:

  • the case may be outside the limitations period unless exceptions/tolling extend it under the statute.
• If the charge date is on or before the modeled expiration:

  • the baseline SOL requirement is usually satisfied, though exception inputs still matter for edge cases.

Related reading

• Choosing the right statute of limitations tool for Vermont — How to choose the right calculator
• Statute of limitations in Singapore: how to estimate the deadline — Full how-to guide with jurisdiction-specific rules
• Choosing the right statute of limitations tool for Connecticut — How to choose the right calculator