5 Property Crimes You May Not Know Are Felonies

 Posted on December 30, 2025 in Criminal Defense

Most people charged with property crimes in Wisconsin are not career criminals. Many are college students, young adults, or people who have never been in trouble before. Sometimes the crime stems from a stupid decision at a party. Sometimes it is a misunderstanding between friends. Sometimes it is a prank that went too far.

If you are a parent reading this, you may be panicked and confused. If you are a young adult reading this, you may be scared and embarrassed. These reactions are normal. Many property crimes are charged against people who never meant to cause harm and sometimes didn’t even know they were committing a crime. Nevertheless, these cases matter, and they need to be taken seriously.

Data from the National Conference of State Legislatures suggests that roughly one in three adults in the United States will be arrested or charged with a crime at some point in their lives. Most of those people are not violent offenders. Many are first-time defendants facing property charges. If you find yourself unexpectedly belonging to this group, don’t panic. Instead, contact a Wisconsin criminal defense attorney at Gimbel, Reilly, Guerin & Brown, LLP so we can explain your options. 

Below are five property crimes that often surprise people when they learn they can be charged as felonies under Wisconsin law.

Is Shoplifting Really a Felony in Wisconsin?

Shoplifting can be a felony depending on the value involved and the circumstances.

Under Wisconsin Statute 943.20, theft becomes a felony when the value of the property exceeds certain thresholds. Retail theft involving items worth $2,500 or more can be charged as a felony, even if it happened at a single store and even if each of the items wasn’t particularly valuable by itself. 

This is where people get caught off guard. Loss prevention teams often track repeat behavior. What feels like a one-time mistake may actually be part of a documented pattern. Stores may wait to involve law enforcement until the value adds up.

Felony theft convictions can carry prison time and significant fines, even when no force or violence was involved. Felonies also stay on your criminal record forever and can affect your life in important ways. Work closely with a skilled criminal defense attorney if you are facing felony theft charges. 

Can Using a Friend’s Credit Card Turn Into a Felony?

Using someone else’s credit card without permission is treated very seriously in Wisconsin. Under Wisconsin Statute 943.41, credit card fraud includes using a card without authorization, even if the card belongs to a friend, roommate, or romantic partner. It does not matter if the cardholder originally shared the card number for something else, or if the charges were intended to be paid back later.

These cases often start as personal disputes. A relationship ends; a roommate wants revenge over a silly college dispute; a parent reviews a statement with unexpected charges. What began as something that didn’t seem like a big deal suddenly becomes a criminal investigation.

Depending on the amount charged, using someone else’s credit card can be a felony and may carry prison time and restitution orders.

Is Returning Something You Didn’t Buy a Crime?

Returning items you did not buy, including items you found or items taken from another location, can be charged as retail theft or fraud under Wisconsin law. Stores treat this as a form of theft because you are receiving money or credit for property you had no right to return.

Retailers often have sophisticated systems that track returns across locations. Once flagged, prior returns may be reviewed, not just the most recent one. If the total value involved crosses felony thresholds, charges can escalate quickly.

Is Using Someone Else’s Venmo or Apple Pay a Felony?

Using Venmo, Apple Pay, PayPal, or other digital payment accounts without permission is treated similarly to the unauthorized use of a financial instrument like a check or a credit card. Even if the account owner is a friend or family member, not having their direct permission matters.

These cases often arise from shared phones, saved payment methods, or casual access among friends. But prosecutors focus on authorization and intent, not relationship history. When the amounts involved are large enough, felony charges and prison exposure are possible.

Can Breaking Into a House as a Prank Be a Crime? 

This is one of the most serious and misunderstood property crimes. Under Wisconsin Statute 943.10, burglary is a felony. Entering a home or building without permission, even as a prank or dare, can qualify as burglary if you intended to commit a crime. Toilet papering, drawing on the windows or walls, and stealing worthless personal objects are all crimes. Even if you don’t succeed in committing a crime, simply meaning to is enough to get you in major trouble. If people are inside the home at the time, the charges and penalties increase significantly.

Alcohol, peer pressure, and bad judgment do not excuse the offense. Prosecutors take these cases seriously because of the risk involved, even when no one was hurt. Burglary convictions can carry years of prison time and long-term consequences.

Why Nonviolent Property Crimes Still Carry Severe Penalties

Many people assume that nonviolent means "not a big deal." If you didn’t threaten anyone (and probably can’t imagine yourself threatening someone), you may be surprised by how serious the charges against you are. 

Wisconsin law does not necessarily make the distinction between a prank, bad judgement, and someone with harmless intentions. 

Nonviolent property crimes can still result in:

• Felony convictions on your record

• Prison or jail sentences

• Thousands of dollars in fines and restitution

• Damage to education, careers, and professional licensing

• Immigration consequences for non-citizens

It is also important to understand that paying the money back does not automatically make the case go away. Prosecutors decide whether to file or dismiss charges, not the victim.

The good news is that many first-time defendants in Wisconsin may be eligible for diversion programs, deferred prosecution, or reduced charges. These options depend heavily on how early a defense attorney gets involved and how the case is handled from the start.

Call a Milwaukee, WI Criminal Defense Attorney 

If you or your child is facing a property crime charge, you need to take it seriously, even if the situation feels embarrassing or blown out of proportion. A Milwaukee criminal defense lawyer with Gimbel, Reilly, Guerin & Brown, LLP can explain the possible penalties. Together, we can work to reduce the long-term impact on your or your child’s future. Call us at 414-271-1440 and let us help you.