Master Doug Huffman
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Wisconsin Statutes Chapter 939, Crimes - General Provisions, §939.60 Felony and misdemeanor defined
- Thread starter Master Doug Huffman
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Master Doug Huffman
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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.
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.
Shotgun
Wisconsin Carry, Inc.
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Master Doug Huffman wrote:
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.
Master Doug Huffman wrote:
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.