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.
The D poured gasoline in a home while the homeowners were at home. Should OV 20 be scored? “Incendiary device” includes “gasoline,” but this was not an act of terrorism.
Question as Originally Submitted: The defendant was convicted of Attempted Third Degree Arson....
Can you score 25 points under OV 19 where the defendant was convicted of prisons-prisoner possessing contraband and the defendant possessed Suboxone (buprenorphine)?
The Michigan Court of Appeals has upheld a score of 25 points for OV 19 in other instances...
Should 20 points be scored for OV 20 where D stated on the phone that a bomb existed and was going to detonate in 4 hours. D meant the call as a prank to his friend’s employer to “cheer up” his friend and try to get her the day off work.
Question as Originally Submitted: Conviction offense is for MCL 750.543m, false report or act of...
Are tribal convictions used in scoring the PRVs and for purposes of the 10-year-gap rule?
For scoring the PRVs themselves, we do not believe that convictions from foreign nations or from...
Would you count a § 7411 offense under PRV 7, or only as a contemporaneous crime under OV 12 if applicable?
Question as Originally Submitted: We are scoring guidelines under Count 1, which was taken under...
