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Is it a mandatory 3 year minimum sentences for 948.12(1m) in…

Is it a mandatory...

Is it a mandatory 3 year minimum sentences for 948.12(1m) in Wisconsin. What if the person is not a threat to society... can he just get probation???

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Wisconsin

Lawyer's Assistant: Have you talked to a lawyer yet?

Just a public attorney.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He did see a specialist....which state he is not a sex offender

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10/25/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 10 months ago
Thanks!!!!

Lawyers have been able to argue for something less than the three year mandatory minimum for this offense. The judge does have the power sentence a defendant to less than 3 years if he feels that the community would not be harmed by doing so and if it's in the best interest of the community. Here's the language below:

939.617 Minimum sentence for certain child sex offenses.

(1) Except as provided in subs. (2) and (3), if a person is convicted of a violation of s. 948.05, 948.075, or 948.12, the court shall impose a bifurcated sentence unders. 973.01. The term of confinement in prison portion of the bifurcated sentence shall be at least 5 years for violations of s. 948.05 or 948.075 and 3 years for violations of s. 948.12. Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement.

(2) If the court finds that the best interests of the community will be served and the public will not be harmed and if the court places its reasons on the record, the court may impose a sentence that is less than the sentence required under sub. (1) or may place the person on probation under any of the following circumstances:

(a) If the person is convicted of a violation of s. 948.05, the person is no more than 48 months older than the child who is the victim of the violation.

(b) If the person is convicted of a violation of s. 948.12, the person is no more than 48 months older than the child who engaged in the sexually explicit conduct.

(3) This section does not apply if the offender was under 18 years of age when the violation occurred.

Zoey_ JD
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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