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.
What is a separate act under the Light decision?
Question as originally presented: Defendant drove without license with methamphetamine in her...
Can you count conspiracy to commit sentencing offense [for OV 12]?
It appears that the crime of conspiracy (MCL 750.157a(a)), which is designated as a crime against...
Can you use an offense deferred under § 7411 to score OV 12?
Question as Originally Submitted: We are scoring guidelines under Count 1, which was taken under...
Although the complainant stated that defendant pointed a gun to her head, the police report makes no mention of the gun being recovered. Should points nevertheless be scored under OV 2, for lethal potential of the weapon possessed?
[Note: Unpublished opinions are not binding precedent under the rule of stare decisis. MCR...
Should points be scored under OV 1, for aggravated use of a weapon, where complainant stated that defendant pointed a gun to her head but no gun was recovered?
There is no requirement under OV 1 that a weapon be recovered. “A sentencing court has discretion...
