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 100 points where the sentencing offense is delivery, and the delivered drugs cause the user to die of an overdose?
Question as Originally Presented: Offender was originally charged with (1) Delivery of Controlled...
Can you score 100 points when the sentencing offense is heroin delivery and the delivered heroin causes an overdose death?
Under OV 3, 100 points must be scored “if death results from the commission of a crime and...
Can you score PRV 6 where the defendant was discharged unsuccessfully from probation, but his case remains open?
Question as originally presented: A defendant was on misdemeanor probation for domestic violence...
Can you count a person who was in the house at the time the sentencing offense was committed as a victim under OV 9?
Question as originally presented: The defendant was convicted of Domestic Violence 3rd Offense...
Can you consider injuries to a victim when the conviction related to those injuries is not the sentencing offense?
Question as originally presented: The defendant was convicted of Domestic Violence 3rd Offense...
