A person charged with a felony is going to hear their attorney talk about “sentencing guidelines” and because this often creates a lot of fear and confusion, I thought it would be helpful to offer a brief overview on what exactly sentencing guidelines are and how sentencing works in Michigan.
The first thing to understand is that the number your attorney (or judge, prosecutor, or probation officer) uses when describing sentencing guidelines refers to the range of months that judge must sentence you to for the minimum portion of your sentence. The maximum is set by the statute and your attorney doesn’t have much say at all what happens on the back end of a sentence. A defendant is at the mercy of the Department of Corrections and the parole board. However, most inmates are paroled as soon they are eligible to it is important to work hard to get the minimum number (the sentencing guidelines range) down to the lowest amount possible.
For example, if a particular person’s sentencing guidelines are 51-80 months and the person is convicted of a 15-year felony, the maximum sentence is 15 years and the minimum part will be between 51-80 months. The judge has the discretion to sentence the defendant to some term between 51-80 months before the defendant is eligible for parole. So, the final sentence may be 60 months to 180 months or 5-15 years.
People often get confused when they hear their attorney say the guidelines are 10-23 months on a ten-year felony and think that the person will be out in 23 months at the latest. That is NOT the case. The 23 months is the maximum for the minimum portion of the sentence. The judge could set the minimum as low as 10 months or as high as 23 but it will be a set number within that range.
Some crimes have mandatory minimum terms, and some require life in prison. There is another tricky category that sets the penalty at “life of any term of years.” In those cases, the judge can set the maximum wherever she feels fit, often a chilling proposition. In many cases, however, there is a plea agreement to a lesser charge that removes this possibility. I have also had clients that are convicted of a crime that has “life or any term of years” get a maximum sentence of only 5 years, so it isn’t necessarily a “death sentence.”
Michigan Sentencing Guidelines
The Michigan Sentencing Guidelines, are required to be used by judges when they sentence someone for all felony offenses which were committed after January 1, 1999. The guidelines do not apply to criminal offenses which mandate a sentence to life in prison like murder or felony charges that require a mandatory two-year sentence.
The main reason for the Michigan Sentencing Guidelines is provide a fairness and consistency when judges sentence a person convicted of a crime. This is why the policy is called “truth-in-sentencing.” In order to figure out the guidelines is based on how serious the crime was. The first step in the process to determine a defendant’s guidelines is based upon the seriousness of the crime:
Class – Maximum Penalty –
- Class A – Imprisonment up to life – CSC 1st degree, armed robbery
- Class B – Imprisonment up to 20 years – Delivery of methamphetamine
- Class C – Imprisonment up to 15 years – CSC 2nd degree, DUI causing death
- Class D – Imprisonment up to 10 years – Embezzlement $1,000 – $20,000
- Class E – Imprisonment up to 5 years – DUI 3rd, CCW
- Class F – Imprisonment up to 4 years – Felonious assault, delivery marijuana
- Class G – Imprisonment up to 2 years – Fleeing & eluding 4th degree
- Class H – Jail or intermediate sanction – No Account check, NSF checks
Negotiating With A Prosecutor
A creative way I can use when negotiating with a prosecutor is lowering the crime classification as part of a plea deal. The lower the classification, the less incarceration a convicted person will face. If we are able to reduce a charge to an attempt, the maximum penalty a defendant will face is cut in half.
Every classification of a crime has a table which contains the sentencing range. Variables will have to be assessed before your criminal defense lawyer will be able to tell you how much time you might be given. The two variables that are taken into consideration are “prior record variables” and “offense variables.”
There are two (2) variables that are taken into consideration which need to be calculated beforehand which are “prior record variables” and “offense variables”.
Prior Record Variables And Offense Variables
The sentencing guidelines take a defendant’s prior criminal record into consideration. For each misdemeanor or felony conviction, points are assigned. Believe me, you want to keep your points as low as possible on these guidelines! Even prior juvenile adjudications are taken into consideration. Finally, if you are currently in the justice system at the time of your current offense, more points will be assigned. The grid will also take into consideration the habitual offender status of a person who has been convicted of previous felony charges.
Offense Variables: Offense variables are scored based on aggravating circumstances that deal with the criminal offense. An example of offense variables is under this category are psychological injury suffered by the victim, was the victim physically injured, how big of a financial loss was there, the type of drug or the blood alcohol level.
Upward or Downward Departure from the Guidelines
A judge is not allowed to depart from the ranges issued unless there is a “substantial and compelling” reason to do so. If the judge is going to go outside of the rangers, they are required to state on the record what they reasons are.
Do not hesitate to call me today at 616-438-6719 if you need any assistance regarding the sentencing guidelines. I have handled numerous cases and I know how to get you the best results possible! Do not wait to talk to me! The call is absolutely free! Let me help you put your mind at rest right now!