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 OV 19 when the offender resisted arrest in a different county than the one where the sentencing offense occurred?
Question as originally presented: I’m in County A scoring for a B & E with Intent. The offender...
Can you score 10 points where the defendant spits blood into the face of an arresting officer?
Question as originally presented: The defendant resisted arrest and ended up with a bloody...
Can you score 25 points when the defendant pleaded guilty to a lesser offense that does not include shooting at a person as an element?
Question as originally presented: When scoring OV 1, defendant intentionally shot a pistol from a...
Defendant was a PA 150 Ward under Juvenile Court Jurisdiction for both Felony and Misdemeanor adjudications. Is there any guidance in this area?
PRV 6, MCL 777.56, concerns relationship to criminal justice system. Relevant to the facts...
Can OV 6 be scored at 25 points when the sentencing offense is conspiracy to deliver a controlled substance, causing death (MCL 750.317a)?
Yes, OV 6 should be scored for a conviction under MCL 750.317a. “For all crimes against a person, . .....
