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Thread: Wisconsin Statutes Chapter 939, Crimes - General Provisions, §939.60 Felony and misdemeanor defined

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    939.60 Felony and misdemeanor defined.

    A crime punishable by imprisonment in the Wisconsin state prisons is a felony. Every other crime is a misdemeanor.

    History: 1977 c. 418 s. 924 (18) (e).

    A statutory offense punishable by imprisonment of one year or less in an unspecified place of confinement may result in confinement in a state prison and, therefore, is a felony, regardless of the classification of the offense at the time of the statute’s enactment.

    State ex rel. McDonald v. Douglas County Circuit Ct. 100 Wis. 2d 569, 302 N.W.2d 462 (1981).

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    If a felon may properly be disbarred his rights under color of law then we can all be legally disarmed merely by sufficiently lowering the bar of felony - as has been done in 939.60 to depend on the location of incarceration.

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    Master Doug Huffman wrote:
    If a felon may properly be disbarred his rights under color of law then we can all be legally disarmed merely by sufficiently lowering the bar of felony - as has been done in 939.60 to depend on the location of incarceration.
    Interesting. Also see:

    973.02 Place of imprisonment when none expressed.
    Except as provided in s. 973.032, if a statute authorizes imprisonment
    for its violation but does not prescribe the place of imprisonment,
    a sentence of less than one year shall be to the county jail,
    a sentence of more than one year shall be to the Wisconsin state
    prisons and the minimum under the indeterminate sentence law
    shall be one year, and a sentence of one year may be to either the
    Wisconsin state prisons or the county jail. In any proper case, sentence
    and commitment may be to the department or any house of
    correction or other institution as provided by law or to detention
    under s. 973.03 (4).
    History: 1973 c. 90; 1987 a. 27; 1991 a. 39.
    The legislature is presumed to have been aware of many existing statutes carrying
    sentences of one year or less with no place of confinement specified when it enacted
    the predecessor to s. 973.02 as chapter 154, laws of 1945. State ex rel. McDonald v.
    Douglas Cty. Cir. Ct. 100 Wis. 2d 569, 302 N.W.2d 462 (1981).
    Criminal defendants who receive consecutive sentences that in the aggregate
    exceed one year, but individually are all less than one year, should be incarcerated in
    county jails rather than the Wisconsin prison system. 78 Atty. Gen. 44.
    A. Gold

    Failure to comply may result in discipline up to and including termination.
    The free man is a warrior. - Nietzsche "Twilight of the Idols"

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