Michigan Sentencing Guidelines

Five Things to Know

1. Felonies only – The guidelines apply to felony cases, not misdemeanors. They help judges decide the minimum sentence; the law sets the maximum.
2. Two key factors – PRVs (Prior Record Variables) and OVs (Offense Variables) determine the range.
3. Scoring system – Points for PRVs and OVs place you on a sentencing grid that shows the recommended minimum sentence range.
4. Advisory, not mandatory – Judges usually follow the range, but may go higher or lower; some crimes still have mandatory minimums (e.g., felony OWI requires at least 30 days in jail).
5. Disagreements happen – Different parties may score differently; the judge decides the final scoring.

Overview

Michigan’s sentencing guidelines apply only to felony cases, not misdemeanors. They were created to help judges decide an appropriate minimum sentence when someone is convicted of a felony. The maximum sentence is set by state law for each offense.

Felonies are grouped into six categories based on the type of harm caused:

• Crimes against people
• Crimes against property
• Drug-related crimes
• Crimes against public order
• Crimes affecting public safety
• Crimes against the public trust

Felonies are also ranked by seriousness. Second-degree murder stands alone at the top. Below that are Classes A through H (A = most severe, H = least). Classes A–D are higher-severity; E–H are lower-severity.

Prior Record Variables (PRVs)

The sentencing grid has two axes: Prior Record Variables (PRVs) and Offense Variables (OVs). PRVs measure criminal history across seven areas, such as:

• Previous felony convictions (high or low severity)
• Prior juvenile adjudications
• Prior misdemeanor convictions or adjudications
• Whether the defendant was under supervision at the time of the new offense
• Whether there are other felony convictions from the same incident

Each applicable category earns a score; total PRV points determine the PRV level.

Offense Variables (OVs)

Up to 20 Offense Variables reflect the seriousness of the current offense, including whether:

• A weapon was used and how dangerous it was
• The victim suffered physical or psychological harm
• There was aggravated abuse, torture, or excessive brutality
• A vulnerable victim was exploited
• Multiple victims were involved
• Other felony conduct occurred at the same time, even if dismissed
• There has been a pattern of felony behavior in the past five years
• The defendant led or organized multiple offenders

Not every OV applies to every crime. The type of felony determines which variables can be scored. The total points determine the OV level.

Sentencing Grids

Each felony class has its own grid. The PRV level and OV level intersect to produce a recommended minimum sentence range.

How Guideline Scoring Is Determined

1. Your defense attorney makes a good-faith calculation to estimate the likely sentence.
2. The prosecutor typically scores as well, and the two sides may disagree.
3. If convicted, the probation department completes a presentence report with its own scoring.
4. If there are disputes, both sides argue their positions before the judge.
5. The judge has the final say on how the guidelines are scored.

Mandatory vs. Advisory Guidelines

Michigan’s guidelines are advisory, not mandatory. Judges generally sentence within the guideline range, but they may go above or below it. Some crimes carry mandatory minimums that must be followed—for example, Operating While Intoxicated – Third Offense (felony OWI), which requires at least 30 days in jail.

Key Takeaways

• Guidelines apply to felonies only.
• They inform the minimum sentence; the maximum is set by law.
• Two inputs: PRVs (history) and OVs (offense seriousness).
• Each Class A–H has a grid combining PRV/OV levels to yield a range.
• Ranges may increase for habitual offenders.
• Defense, prosecution, and probation may score differently; judge decides.
• Guidelines are advisory; departures are permitted.
• Some offenses still have mandatory minimums (e.g., felony OWI: ≥ 30 days).