Wisconsin Statutes
Wis. Stat. § 939.60 (2026)
Felony and misdemeanor defined
✓ current as of July 2026
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939.60939.60 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 AnnotationWhen a statutory offense does not specify a place of confinement, a sentence of one year may be to either the county jail or the state prisons. All crimes punishable by imprisonment in the state prisons are classified as felonies. State ex rel. McDonald v. Circuit Court for Douglas County, 100 Wis. 2d 569, 302 N.W.2d 462 (1981).
Notes of Decisions
Cited in 37
cases (3 in the last 5 years), 1962–2025 · leading case: State v. Dean M. Blatterman, 2015 WI 46 (Wis. 2015).
State v. Dean M. Blatterman, 2015 WI 46 (Wis. 2015). “65(2)(am)(4) and Wis. Stat. § 939.60 , the crime was a misdemeanor.”
State v. Gerald D. Taylor, 2013 WI 34 (Wis. 2013). “41 (lm)(h), manufacturing four or less marijuana plants is a Class I felony, and manufacturing more than four but less than twenty plants is a Class H felony.”
Pruitt v. State, 114 N.W.2d 148 (Wis. 1962). “However, the plaintiff in error strenuously argues such a construction cannot be made in view of sec. 939.60, Stats., which provides: "A crime punishable by imprisonment in the state prison is a felony.”
State Law Enf't Standards Bd. v. Vill. of Lyndon Station, 295 N.W.2d 818 (Wis. Ct. App. 1980). “This increase, in light of the definition of "felony" found in sec. 939.60, Stats., cited previously, also reenacted as part of the 1955 revision of the criminal code, is a strong indication of legislative intent to upgrade to felony status.”
State v. Denter, 357 N.W.2d 555 (Wis. 1984). “We also noted that the issue in that case arose out of a conflict between the general language of sec. 939.60, Stats., which defined felonies and misdemeanors and the more specific language of the worthless check statute.”
Law Enf't Standards Bd. v. Vill. of Lyndon Station, 305 N.W.2d 89 (Wis. 1981). “, provides: "Place of imprisonment when none expressed. When a statute authorizes imprisonment for its violation but does not prescribe the place of imprisonment, 1) a sentence of less than one year shall be to the county jail, 2) a sentence of more than one year shall be to the…”
State v. Radke, 2003 WI 7 (Wis. 2003). “20 Wis. Stat. § 939.60 (3)(f) (1997-1998). *26 Under Wis.”
Flint v. City of Milwaukee, 91 F. Supp. 3d 1032 (E.D. Wis. 2015). “” And, turning to Wis. Stat. § 939.60 , leads to the conclusion that § 29.”
State v. Leitner, 2002 WI 77 (Wis. 2002). “2d at 441 , the court of appeals quoted with approval the circuit court, which stated: "Clearly, the purpose of expunction is just that — -to, in effect, obliterate the record of the individual.”
State v. Thomas, 2004 WI App 115 (Wis. Ct. App. 2004). “§ 939.60. In Wisconsin, felons are not entitled to vote until their civil rights have been restored by service of the sentence.”
State Ex Rel. McDonald v. Circuit Court for Douglas Cnty., 302 N.W.2d 462 (Wis. 1981). “" [2] Sec. 939.60, Stats., provides: "939.60 Felony and misdemeanor defined.”
State v. Stoehr, 396 N.W.2d 177 (Wis. 1986). “See sec. 939.60, Stats. 1983-84. The defendant’s conviction of felony in this case would thus be placed in doubt.”
— Wis. Stat. § 939.60(3)(d) — 1 case
State Ex Rel. Cholka v. Johnson, 292 N.W.2d 835 (Wis. 1980).
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