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 PRV 7 when consecutive sentencing will be imposed due to the defendant already being incarcerated?
Question as originally presented: An inmate with the MDOC pleaded guilty to 3 counts of Assault of...
Can you score an adjudication under the PRVs if the defendant “waived” their right to counsel?
A defendant’s prior felony conviction obtained without counsel because of an improper waiver of...
Can you count a misdemeanor conviction of Escape that was originally charged as a felony Escape under PRV 5?
Under PRV 5, you can only count a prior misdemeanor conviction “if it is an offense against a...
Can you score OV 19 where the defendant throws narcotics out the window of a moving vehicle prior to stopping for police?
Question as originally presented: When scoring OV 19 for possession of methamphetamine, can you...
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...
