Criminal Defense Lawyers

Navigating Wisconsin’s Sentencing Guidelines for Bribery Charges

Navigating Wisconsin’s Bribery Sentencing Guidelines: A Straightforward Guide

Understanding Wisconsin’s Felony Classification System

When it comes to felonies like bribery, Wisconsin has a classification system that ranks offenses from A (the most serious) all the way down to I (the least serious but still a felony). 2 Where your particular bribery charge falls depends on the circumstances, but it gives you a general sense of how the state views the severity. Most bribery cases will likely be charged as Class G or H felonies. A Class G felony carries a maximum sentence of 10 years in prison and/or up to $25,000 in fines. 3 Class H bumps that maximum prison time down to 6 years with the same potential $25,000 fine. 4 But don’t just take my word for it – let’s look at a real-world example courtesy of the Milwaukee Journal Sentinel. 5 In 2018, a former City of Milwaukee official was charged with two felony counts related to allegedly taking bribes from a local contractor. Specifically, he was hit with one Class G felony charge of misconduct in public office and one Class H felony bribery charge. See how that works? The misconduct charge was viewed as more serious (a Class G) while the actual bribery was deemed a Class H. Having multiple charges is common in bribery cases since there are usually a few different statutes involved. Of course, in particularly egregious cases with high-level corruption or massive bribe amounts, you could be looking at even higher felony classes like a Class E (up to 15 years in prison) or even a Class C (up to 40 years). 6 But for a “standard” bribery case, G and H tend to be the most common classifications in Wisconsin.

Calculating Sentencing Guidelines for Bribery

Okay, so we’ve got a general sense of how bribery charges are classified in the state. But how do judges actually determine the specific sentence if someone is convicted? That’s where Wisconsin’s sentencing guidelines come into play.The guidelines aren’t mandatory for judges, but they provide a calculated starting point and recommendations based on the conviction offense and the defendant’s criminal history. 7 Judges can choose to depart from the guidelines, but they have to provide a solid justification for doing so. The sentencing guidelines work by assigning offense severity levels (from 1 to 9+) and looking at the defendant’s prior criminal record to determine their offender status (from A to E). 8 Where those two factors intersect on the guidelines grid gives you a recommended range for confinement time. Let’s say you were convicted of a Class G felony bribery charge, which has an offense severity level of 6. 9 If you had little to no prior record, you’d likely be an offender status of A or B. That puts your guideline range for confinement at 1-3 years. 10 Now, that’s just for the confinement portion of your bifurcated sentence. Wisconsin also requires an extended supervision period after release, and the guidelines recommend a range for that as well based on the same two factors. For our hypothetical Class G example as an offender status A or B, the extended supervision range is 2-5 years. 11The judge will look at the guidelines, consider aggravating or mitigating factors specific to your case, and determine the final bifurcated sentence within those ranges (e.g. 2 years confinement, 3 years extended supervision). They’ll also have the option to impose conditions like fines, community service, restitution, etc.I know, I know – doing all those calculations sounds like a headache. But don’t worry, the court will handle running the numbers. Your job is just to understand the moving parts so you can anticipate the potential sentence you’re facing.

Deviating from the Sentencing Guidelines

Here’s where things can get a bit more complex. While the guidelines provide a solid framework, judges in Wisconsin have quite a bit of discretion to deviate from the recommended ranges if certain circumstances apply.Some of the most common reasons for departing from the guidelines include: 12

• The crime involved aggravating or mitigating factors not accounted for in the guidelines
• The defendant played a minor or extremely serious role in the crime
• The defendant has already served substantial jail time pre-sentence
• The defendant has significant substance abuse or mental health issues requiring treatment
• The defendant’s criminal history doesn’t accurately reflect their risk level

In bribery cases, you’ll often see arguments made around the defendant’s role and the potential for undue influence or harm caused by the bribe. If you were just a minor player who got roped into a bribery scheme, your lawyer may be able to get a lower sentence by emphasizing your minimal role. On the flip side, if you were the ringleader who orchestrated bribing multiple officials over an extended period, the prosecution will likely push for a harsher sentence above the guidelines due to the aggravating factors involved. Judges also have to be mindful of avoiding sentencing disparities for similar crimes and offenders. So if there are other analogous bribery cases in the same county or judicial district, the judge will want to ensure your sentence is consistent with those past rulings unless circumstances justify a departure. The key takeaway: Don’t assume you’re automatically getting the sentence recommended by the guidelines. Your lawyer’s ability to argue for mitigating factors or against aggravating circumstances could mean the difference between a year or two in your ultimate sentence.

Probation as a Sentencing Option

For some lower-level bribery offenses, probation may be on the table as a sentencing option instead of confinement. This is more likely if it was an isolated incident, involved a relatively small bribe amount, and you have minimal (or no) criminal history. Wisconsin allows for probation periods of up to two years for a misdemeanor conviction and up to that offense’s maximum confinement period for a felony. 13 So in our hypothetical Class G felony example, probation could potentially last up to 10 years (the maximum confinement period). Probation sentences aren’t a free pass, though. You’ll likely face conditions like:

• Paying fines, court costs, and restitution
• Performing community service
• Submitting to regular check-ins and monitoring
• Maintaining employment or education
• Avoiding criminal behavior and risky environments
• Undergoing counseling or treatment for issues like gambling addictions

Violating any of those conditions could result in your probation being revoked and being resentenced to confinement time based on the original conviction.While avoiding jail or prison time is obviously appealing, probation for bribery charges isn’t easy. You’re essentially under strict supervision for an extended period. Talk to your lawyer about whether probation is realistic in your case and what the specific terms would likely entail.

Factors Impacting Your Bribery Sentence

At the end of the day, the specific sentence someone receives for a Wisconsin bribery conviction depends on numerous factors being weighed by the judge. Some of the biggest ones include:

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The Amount of the Bribe
As you’d expect, the larger the bribe amount, the harsher the likely sentence. A $10,000 bribe to secure a contract is going to be viewed as more serious than a $500 bribe paid to an inspector. The bribe amount often correlates with the offense severity level used for guidelines calculations.

Your Role in the Bribery Scheme
Were you the mastermind orchestrating an elaborate bribery conspiracy? Or were you more of a minor participant roped in by others? Playing an aggravated or mitigated role can impact whether the judge views your conduct as more or less severe.

The Type of Official or Employee Involved
All bribery cases are serious, but bribing a high-ranking elected official is generally viewed as more egregious than bribing a low-level government employee. The potential for greater influence and erosion of public trust increases with the bribe recipient’s position.

Your Criminal History
A defendant with a lengthy prior record is much more likely to face a harsher sentence than someone with little to no criminal history. Those with a pattern of corruption-related offenses will have an especially difficult time arguing for leniency.

Collateral Consequences of the Bribery
If the bribery scheme resulted in tangible harm – like a company receiving a contract they otherwise wouldn’t have and providing substandard work – judges may issue tougher sentences to account for those consequences. Conversely, attempted bribery with no actual payoff could result in a lighter sentence. This isn’t an exhaustive list, as judges can consider any number of case-specific aggravating or mitigating factors. But it illustrates some of the key issues they’ll likely focus on when determining an appropriate sentence for bribery.

Navigating the Appeals Process

Despite your lawyer’s best efforts, perhaps the sentence you received still feels excessive or unjustified. In that scenario, you do have the option to appeal the conviction or sentence – but it’s not always an easy path.For bribery cases, the appeals process would start with the Wisconsin Court of Appeals. 14 You’ll need to file a notice of intent to pursue post-conviction relief within 20 days of sentencing. From there, your lawyer will have a chance to draft an appellate brief arguing why the conviction or sentence should be overturned or amended.Some of the more common grounds for appealing a bribery conviction or sentence include:

• Insufficient evidence to support a guilty verdict
• Improperly admitted evidence that violated your rights
• Incorrect application of sentencing laws or guidelines
• Ineffective assistance of counsel from your trial lawyer
• Newly discovered evidence not available at the original trial

The Court of Appeals will review the briefs and records from your original case. If they find no reversible errors occurred, they’ll uphold the conviction and sentence as is. If they do find errors, they can order a new trial, resentencing, or even an acquittal in some circumstances. Of course, the appeals process doesn’t end there if you’re still unsatisfied. You’d then have the option to file a petition for review with the Wisconsin Supreme Court, the state’s highest appellate court. 15 But the Supreme Court is very selective about which cases it actually takes, so the odds of them reviewing your bribery case are fairly slim. Appeals are always an uphill battle, but they provide an important safeguard if you truly believe the process was unfair or the law was misapplied in your case. Just keep in mind that winning an appeal is difficult and may require exhausting all the way up to the federal courts if Wisconsin’s appeals are unsuccessful.

When to Seek a Sentence Adjustment

Maybe an appeal isn’t in the cards, but you think your sentence still warrants a second look after some time has passed. In that scenario, Wisconsin does allow for sentence adjustments under certain conditions. Specifically, the state has a “Positive Adjustment Time” program that can allow for a reduction in your confinement period through good behavior and participation in programs like education, treatment, and job training. 16 To qualify, you need to serve at least 2 years of confinement and follow all the rules of the institution. If you meet those criteria, the Department of Corrections can award you “Positive Adjustment Time” that knocks a percentage off your remaining confinement period.For example, let’s say you were sentenced to 5 years of confinement for a bribery conviction. After serving the minimum 2 years, you start accruing Positive Adjustment Time at a rate of 33.4% for appropriate conduct. 17 So instead of serving out the full 5 years, you could end up being released to extended supervision after just over 3 years with that earned reduction. It’s not an automatic process, though. You’ll need to be proactive about documenting your good behavior, participating in programs, and petitioning for the Positive Adjustment Time once you hit that 2-year minimum served. But it provides incentive and a path to an earlier release for inmates who show a commitment to rehabilitation.There’s also the option of seeking a sentence adjustment from the courts directly, though the criteria is fairly narrow. Under Wisconsin statute 973.19, you can file a motion asking the sentencing court to modify your sentence if:

• The court imposed a longer sentence than authorized by law or the court lacked jurisdiction
• The defendant’s conduct, motivations, or other factors were incorrectly depicted at sentencing
• Newly discovered factors cast doubt on the sentence’s appropriateness18

Motions like these are long shots, as courts are generally reluctant to modify sentences they’ve already issued. But if there was some key piece of information or legal issue overlooked during your original sentencing, it may be worth exploring this avenue with your lawyer’s guidance. The bottom line: Even after sentencing, you may have some options for adjusting your confinement period through good behavior or challenging the underlying sentence itself. But you’ll need to be strategic, document everything carefully, and seek counsel on the best path forward.

Consulting Experienced Legal Counsel

Look, I know this was a lot to digest. Wisconsin’s bribery laws and sentencing guidelines are complex, with all sorts of nuances that can impact the severity of charges and potential penalties you’re facing.That’s why the single most important piece of advice I can give is this: Consult an experienced Wisconsin criminal defense lawyer who specializes in corruption and white-collar crime cases. An attorney with specific expertise in this area will be able to:

• Evaluate all the specifics of your case and charges
• Identify any potential defenses or mitigating factors
• Advise you on the most strategic path forward
• Advocate forcefully on your behalf during proceedings
• Pursue appeals or modifications if appropriate after sentencing

Trying to navigate the criminal justice system alone when you’re facing serious felony bribery charges is simply asking for trouble. With the right legal representation, you’ll have someone firmly in your corner who understands the intricacies of these types of cases in Wisconsin. They’ll be able to explain exactly what you’re up against in plain language, demystify any legalese or jargon, and ensure you make fully informed decisions every step of the way. An experienced lawyer is also crucial for negotiating with prosecutors, presenting persuasive arguments to the judge, and protecting your rights throughout the entire process.So as overwhelming as this all might feel right now, just remember – you don’t have to face this situation alone. Having a trusted legal advisor who specializes in Wisconsin bribery and corruption cases can make a world of difference.