Legal Question in Criminal Law in Michigan

Re: how long will i have to serve in prison?

I assume you're asking about a scoring of the felony sentencing guidelines ("my sons score was between 10 and 23 months"). The short answer is that judge is supposed to set the minimum incarceration time somewhere between 10 months in jail and 23 months in prison.

In Michigan, we have "indeterminant" sentences ... meaning that judges cannot sentence to a flat "8 years" (which is a "determinant" sentence). There must be a range of months/years ... a low number (a number -- usually within the guidelines range) and a high number (the statutory maximum for the crime: for example, 15 years for Home Invasion 2nd Degree). So the sentence would be "8-15 years". Having indeterminant sentences sets a mandatory minimum amount of incarceration that MUST be served for prison sentences (no "good time off" thanks to the Truth in Sentencing laws) ... but also gives the Department of Corrections flexibility to keep the person incarcerated longer (up to the statutory max) before being paroled or released.

The guidelines weigh factors for the one highest level felony your son is being sentenced for to give the judge a range of months in which the MINIMUM sentence should be ordered. It takes into account Prior Record Variables (past felony and misdemeanor convictions, other charges convicted for contemporaneously with THIS count, being pn probation/parole when THIS crime occurred, etc.) and Offense Variables (weapons, number of victims, amount of damage, psychological injury to victims, interfering with law enforcement, etc.). The "PRV" total fits into a Crime Class grid (table) along the top of the chart, and the "OVs" do the same along the side of the chart. Where the PRV colum meets the OV row, there's a cell (box) with a number range ... here, "10 to 23" months. THAT is the high and low number within which the judge is supposed to sentence the MINIMUM amount of incarceration. If the judge scores the guidelins factors accurately and imposes a sentence with the minimum number inside this guidelines grid range, then the sentence is "presumptively valid".

Judges can "depart" from the guidelines range for the minumum number if they can find verifiable & objective factors to do so ... things not already taken into account by the PRV or PV factors. The judge can then set the minumum incarceration number below the guidelines range, or above it.

How long will you stay in prison past the minimum number of months/years? That depends on what the statutory maximum is (e.g., 5 years, 10 years, 15 years) ... your behavior in prison (bad conduct might delay your parole by MDOC's parole board) ... the risk of re-offense ... your rehabilitation ... etc.