Is Neglecting a Child a Felony Offense in Wisconsin?

 Posted on April 04, 2025 in Criminal Defense

A Racine, WI man is facing charges involving drugs, weapons, and child neglect after the police raided his home during a drug investigation. The 55-year-old man was charged with Possession of Cocaine with Intent to Deliver, Possession of THC with Intent to Deliver, Maintaining a Drug Trafficking Place, Neglecting a Child (no specified harm to the child), and two counts of Possession of a Firearm by a Felon.

The doors to the home were "fortified," and there were four other people in the home at the time of the raid, including an eight-month-old child and a bedridden man. There were also five dogs in the home. Two guns were found in a bedroom – one of them in the baby’s crib. Cash bail was set at $10,000 with an arraignment on April 3.

While all these charges are very serious, the child neglect charge could potentially be either a serious misdemeanor or a felony. In situations like this, the prosecutor may sometimes overcharge the defendant in an attempt to convince him or her to take a plea deal. If you find yourself facing serious charges, it is essential to consult a knowledgeable Ozaukee County, WI, criminal defense attorney as soon as possible.  

What Is Child Neglect in Wisconsin?

The crime of child abuse involves mental, physical, or emotional torment, while the crime of child neglect is more passive. When a parent or guardian fails, for any reason other than poverty, to provide his or her child with shelter, clothing, food, and medical care, and that failure endangers the child’s well-being, child neglect may be charged.

If no actual harm came to the child, the offense will be charged as a Class A misdemeanor. A conviction for a Wisconsin Class A misdemeanor is up to nine months in jail and up to $10,000 in fines. If child neglect causes the child to suffer bodily harm, it is charged as a Class H felony. A conviction for a Class H felony can result in up to six years in prison and a fine of up to $10,000.

If the child suffers emotional harm from the child neglect, it is charged as a Class G felony. A conviction for a Class G felony can result in up to ten years in prison and a fine of up to $10,000. A class F felony can be charged if the child neglect results in great bodily harm or if the victim of a child sex offense due to the neglect.

A conviction for a Class F felony can result in up to 12 ½ years in prison and a fine as large as $25,000. If a child dies as a result of child neglect, the crime will be charged as a Class D felony, which is punishable by up to 25 years in prison and a fine as large as $100,000.

What Is Required for a Conviction of Child Neglect?

The state must prove that the child was under the age of 18, the defendant was responsible for the welfare of the child, and the defendant intentionally endangered the child. Since neglect cases are often built on circumstantial evidence or hearsay, they can be difficult to prove. In many cases, the evidence may not be compelling enough for a conviction.

Are There Defenses to Child Neglect?

A person charged with child neglect should always challenge the allegations. While each case is unique, some of the more common defenses to child neglect include:

• The actions of the defendant were accidental, not willful.
• The actions of the defendant resulted from a misunderstanding.
• Depending on the situation, there may have been an illegal search and seizure of the defendant’s home.
• The defendant may have been denied his or her constitutional rights during the arrest.

Contact a Milwaukee County, WI Criminal Defense Lawyer

If you have been charged with child neglect, an experienced Jefferson County, WI criminal defense lawyer from Bucher Law Group, LLC can be instrumental in challenging the allegations and finding holes in the prosecutor’s case. Attorney Bucher spent 20 years as the Waukesha County District Attorney and has litigated thousands of high-profile, complex cases in Wisconsin. Call 262-303-4916 to schedule your free consultation.