939.48 Annotation
Discussion of self-defense and evidence of victim's reputation for violence. State v. Daniels, 160 W (2d) 85, 465 NW (2d) 633 (1991).
939.48 Annotation
Imperfect self-defense contains an initial threshold element requiring a reasonable belief that the defendant was terminating an unlawful interference with his or her person. State v. Camacho, 176 W (2d) 860, 501 NW (2d) 380 (1993).
939.48 Annotation
A person may employ deadly force against another, if such person reasonably believes such force necessary to protect a 3rd person or one's self from imminent death or great bodily harm, without incurring civil liability for injury to the other. Clark v. Ziedonis, 513 F (2d) 79.
939.48 Annotation
Self-defense—prior acts of the victim. 1974 WLR 266.
939.48 Annotation
State v. Camacho: The Judicial Creation of an Objective Element to Wisconsin's Law of Imperfect Self-defense Homicide. Leiser. 1995 WLR 742.
939.49
939.49
Defense of property and protection against retail theft. 939.49(1)(1) A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with the person's property. Only such degree of force or threat thereof may intentionally be used as the actor reasonably believes is necessary to prevent or terminate the interference. It is not reasonable to intentionally use force intended or likely to cause death or great bodily harm for the sole purpose of defense of one's property.
939.49(2)
(2) A person is privileged to defend a 3rd person's property from real or apparent unlawful interference by another under the same conditions and by the same means as those under and by which the person is privileged to defend his or her own property from real or apparent unlawful interference, provided that the person reasonably believes that the facts are such as would give the 3rd person the privilege to defend his or her own property, that his or her intervention is necessary for the protection of the 3rd person's property, and that the 3rd person whose property the person is protecting is a member of his or her immediate family or household or a person whose property the person has a legal duty to protect, or is a merchant and the actor is the merchant's employe or agent. An official or adult employe or agent of a library is privileged to defend the property of the library in the manner specified in this subsection.
939.49(3)
(3) In this section "unlawful" means either tortious or expressly prohibited by criminal law or both.
939.49 Annotation
Flight on the part of one suspected of a felony does not, of itself, warrant the use of deadly force by an arresting officer and it is only in certain aggravated circumstances that a police officer may shoot the person he is attempting to arrest. Clark v. Ziedonis, 368 F Supp. 544.
PENALTIES.
939.50
939.50
Classification of felonies. 939.50(2)
(2) A felony is a Class A, B, BC, C, D or E felony when it is so specified in
chs. 939 to
951.
939.50(3)
(3) Penalties for felonies are as follows:
939.50(3)(b)
(b) For a Class B felony, imprisonment not to exceed 40 years.
939.50(3)(bc)
(bc) For a Class BC felony, a fine not to exceed $10,000 or imprisonment not to exceed 20 years, or both.
939.50(3)(c)
(c) For a Class C felony, a fine not to exceed $10,000 or imprisonment not to exceed 10 years, or both.
939.50(3)(d)
(d) For a Class D felony, a fine not to exceed $10,000 or imprisonment not to exceed 5 years, or both.
939.50(3)(e)
(e) For a Class E felony, a fine not to exceed $10,000 or imprisonment not to exceed 2 years, or both.
939.51
939.51
Classification of misdemeanors. 939.51(2)
(2) A misdemeanor is a Class A, B or C misdemeanor when it is so specified in
chs. 939 to
951.
939.51(3)
(3) Penalties for misdemeanors are as follows:
939.51(3)(a)
(a) For a Class A misdemeanor, a fine of not to exceed $10,000 or imprisonment not to exceed 9 months, or both.
939.51(3)(b)
(b) For a Class B misdemeanor, a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.
939.51(3)(c)
(c) For a Class C misdemeanor, a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.
939.51 History
History: 1977 c. 173;
1987 a. 332 s.
64.
939.52
939.52
Classification of forfeitures. 939.52(2)
(2) A forfeiture is a Class A, B, C, D or E forfeiture when it is so specified in
chs. 939 to
951.
939.52(3)
(3) Penalties for forfeitures are as follows:
939.52(3)(a)
(a) For a Class A forfeiture, a forfeiture not to exceed $10,000.
939.52(3)(b)
(b) For a Class B forfeiture, a forfeiture not to exceed $1,000.
939.52(3)(c)
(c) For a Class C forfeiture, a forfeiture not to exceed $500.
939.52(3)(d)
(d) For a Class D forfeiture, a forfeiture not to exceed $200.
939.52(3)(e)
(e) For a Class E forfeiture, a forfeiture not to exceed $25.
939.60
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.
939.60 History
History: 1977 c. 418 s.
924 (18) (e).
939.60 Annotation
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 predecessor to 973.02 as
chapter 154, laws of 1945. State ex rel. McDonald v. Douglas Cty. Cir. Ct. 100 W (2d) 569, 302 NW (2d) 462 (1981).
939.61
939.61
Penalty when none expressed. 939.61(1)
(1) If a person is convicted of an act or omission prohibited by statute and for which no penalty is expressed, the person shall be subject to a forfeiture not to exceed $200.
939.61(2)
(2) If a person is convicted of a misdemeanor under state law for which no penalty is expressed, the person may be fined not more than $500 or imprisoned not more than 30 days or both.
939.61(3)
(3) Common law penalties are abolished.
939.61 History
History: 1977 c. 173.
939.61 Annotation
See note to 779.41, citing 63 Atty. Gen. 81.
939.62
939.62
Increased penalty for habitual criminality. 939.62(1)(1) If the actor is a repeater, as that term is defined in
sub. (2), and the present conviction is for any crime for which imprisonment may be imposed (except for an escape under
s. 946.42 or a failure to report under
s. 946.425) the maximum term of imprisonment prescribed by law for that crime may be increased as follows:
939.62(1)(a)
(a) A maximum term of one year or less may be increased to not more than 3 years.
939.62(1)(b)
(b) A maximum term of more than one year but not more than 10 years may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 6 years if the prior conviction was for a felony.
939.62(1)(c)
(c) A maximum term of more than 10 years may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 10 years if the prior conviction was for a felony.
939.62(2)
(2) The actor is a repeater if the actor was convicted of a felony during the 5-year period immediately preceding the commission of the crime for which the actor presently is being sentenced, or if the actor was convicted of a misdemeanor on 3 separate occasions during that same period, which convictions remain of record and unreversed. It is immaterial that sentence was stayed, withheld or suspended, or that the actor was pardoned, unless such pardon was granted on the ground of innocence. In computing the preceding 5-year period, time which the actor spent in actual confinement serving a criminal sentence shall be excluded.
939.62(2m)(a)(a) In this subsection, "serious felony" means any of the following:
939.62(2m)(a)2.
2. Any felony under
s. 940.01,
940.02,
940.03,
940.05,
940.09 (1),
940.19 (5),
940.21,
940.225 (1) or
(2),
940.305,
940.31,
941.327 (2) (b) 4.,
943.02,
943.10 (2),
943.23 (1g),
(1m) or
(1r),
943.32 (2),
946.43,
948.02 (1) or
(2),
948.025,
948.03 (2) (a) or
(c),
948.05,
948.06,
948.07,
948.08,
948.30 (2),
948.35 (1) (b) or
(c) or
948.36.
939.62(2m)(a)4.
4. A crime at any time under federal law or the law of any other state or, prior to April 28, 1994, under the law of this state that is comparable to a crime specified in
subd. 1.,
2. or
3.
939.62(2m)(b)
(b) The actor is a persistent repeater if he or she has been convicted of a serious felony on 2 or more separate occasions at any time preceding the serious felony for which he or she presently is being sentenced under
ch. 973, which convictions remain of record and unreversed and, that of the 2 or more previous convictions, at least one conviction must have occurred before the date of violation of at least one of the other felonies for which the actor was previously convicted. It is immaterial that the sentence for a previous conviction was stayed, withheld or suspended, or that he or she was pardoned, unless the pardon was granted on the ground of innocence. The term of imprisonment for the felony for which the persistent repeater presently is being sentenced under
ch. 973 is life imprisonment without the possibility of parole.
939.62(2m)(d)
(d) If a prior conviction is being considered as being covered under
par. (a) 4. as comparable to a felony specified under
par. (a) 1.,
2. or
3., the conviction may be counted as a prior conviction under
par. (b) only if the court determines, beyond a reasonable doubt, that the violation relating to that conviction would constitute a felony specified under
par. (a) 1.,
2. or
3. if committed by an adult in this state.
939.62(3)
(3) In this section "felony" and "misdemeanor" have the following meanings:
939.62(3)(a)
(a) In case of crimes committed in this state, the terms do not include motor vehicle offenses under
chs. 341 to
349 and offenses handled through proceedings in the court assigned to exercise jurisdiction under
chs. 48 and
938, but otherwise have the meanings designated in
s. 939.60.
939.62(3)(b)
(b) In case of crimes committed in other jurisdictions, the terms do not include those crimes which are equivalent to motor vehicle offenses under
chs. 341 to
349 or to offenses handled through proceedings in the court assigned to exercise jurisdiction under
chs. 48 and
938.Otherwise, felony means a crime which under the laws of that jurisdiction carries a prescribed maximum penalty of imprisonment in a prison or penitentiary for one year or more. Misdemeanor means a crime which does not carry a prescribed maximum penalty sufficient to constitute it a felony and includes crimes punishable only by a fine.
939.62 Cross-reference
Cross-reference: For procedure, see s.
973.12.
939.62 Annotation
See note to Art. I, sec. 6, citing Hanson v. State, 48 W (2d) 203, 179 NW (2d) 909.
939.62 Annotation
A repeater charge must be withheld from jury's knowledge since it is relevant only to sentencing. Mulkovich v. State, 73 W (2d) 464, 243 NW (2d) 198.
939.62 Annotation
Because this section authorizes penalty enhancement only when maximum underlying sentence is imposed, enhancement portion of sub-maximum sentence is vacated as abuse of sentencing discretion. State v. Harris, 119 W (2d) 612, 350 NW (2d) 633 (1984).
939.62 Annotation
In (2), "convicted of a misdemeanor on 3 separate occasions" requires 3 separate misdemeanors, not 3 separate court appearances. State v. Wittrock, 119 W (2d) 664, 350 NW (2d) 647 (1984).
939.62 Annotation
Court's acceptance of guilty plea or verdict is sufficient to trigger operation of this section; completion of sentencing procedure is not prerequisite. State v. Wimmer, 152 W (2d) 654, 449 NW (2d) 621 (Ct. App. 1989).
939.62 Annotation
Felony convictions entered following waiver from juvenile court are proper basis for repeater allegation; offenses were not "handled through" ch. 48. State v. Kastner, 156 W (2d) 371, 457 NW (2d) 331 (Ct. App. 1990).
