Recent Felony Sentencing Q&As
This Q&A is a collaborative effort between MJI, the Prosecuting Attorneys Association of Michigan (PAAM), and the State Appellate Defenders Office (SADO). MJI cannot provide legal advice, and the information contained in the Q&A should not be construed as such, nor is it intended to be authoritative statements by the justices of the Michigan Supreme Court.
If your question has not already been answered, you may submit an inquiry to the committee. Please note that this service is designed to provide relevant and governing authorities to court and MDOC professionals who are scoring the sentencing guidelines. You should receive a response, typically within 72 hours; if appropriate, the inquiry and response will then be added to this page.
To access additional materials related to felony sentencing, such as former versions of the Sentencing Guidelines Manuals, please visit our Felony Sentencing Online Resources page.
Can you score 25 points where the defendant smuggles tobacco and laundry detergent into a prison?
Question as originally presented: I have two PSIRs I’m working on. One is the father of a...
Can you count the offense of Alcohol-Open Container in a Motor Vehicle under PRV 5?
Under PRV 5, misdemeanor convictions or prior juvenile adjudications are only counted “if it is an...
Can you score PRV 5 when there are four prior second-degree retail fraud convictions and the sentencing offense is first-degree retail fraud?
PRV 5 instructs: “Do not count a prior conviction used to enhance the sentencing offense to a...
Can you score 25 points where the injury could be deadly in the future and the victim cannot exercise as he once did?
Question as originally presented: For OV 3, I have a victim that was shot (shotgun birdshot) by a...
Is a babysitter a person who can abuse their authority status?
Question as originally presented: I’m scoring two Counts of Assault with Intent to Commit CSC-2nd...
