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 a statement made during the sexual assault that formed the sentencing offense constitute sadism for purposes of scoring OV 7?
Question as originally presented: I am scoring a person who was found guilty by a jury of 2 counts...
Can you score OV 1 and OV 2 where the defendant injected the victim with methamphetamine?
Question as originally presented: The individual is being sentenced for CSC-III (Force or...
Can you count a disorderly conduct conviction under PRV 5?
Question as originally presented: I was told that you do not score disorderly conduct unless you know...
If the offender violated probation and is on warrant status when the sentencing offense is committed, is he on “probation”?
PRV 6 is scored based on an offender’s relationship to the criminal justice system, and relevant...
Can you score five points where a defendant purposefully coughed on a victim after claiming to be COVID-19 positive?
Question as originally presented: If a defendant purposely coughed on someone (officer and medical...
