3.4Felony Offenses Enumerated in § 777.19 (Attempts)

Attempted offenses are subject to the statutory guidelines only if the offense attempted is a felony offense in class A, B, C, D, E, F, or G. MCL 777.19(1). Attempts to commit class H felonies are not scored under the guidelines.¹ Id.

The minimum sentence range for an offense listed in MCL 777.19 (attempts) is determined using the same four steps discussed in Section 3.2. See MCL 777.21(5). However, the OV level and PRV level is “based on the underlying attempted offense.” MCL 777.21(5). See also MCL 777.19(2). For example, if an offender is convicted of attempted armed robbery, the OVs designated for scoring are those for the offense category “person” because armed robbery (the offense attempted) is categorized as a crime against a person. MCL 750.529; MCL 777.16y.

Once the offender’s OV and PRV levels have been totaled for an attempted offense, the proper sentencing grid on which to find the recommended minimum sentence range is determined by the attempted offense’s original offense class designation:

•Attempts to commit offenses in classes A, B, C, or D are classified as class E offenses. MCL 777.19(3)(a).

•Attempts to commit offenses in classes E, F, or G are classified as class H offenses. MCL 777.19(3)(b).