Criminal Defense Lawyers

How Do Michigan’s Sentencing Guidelines Address Gambling Crimes?

Understanding Michigan’s Sentencing Guidelines for Gambling Crimes

Michigan’s Gambling Laws

Michigan regulates gambling through the Michigan Penal Code (Chapter 750, sections 301-315a) and the Michigan Gaming Control and Revenue Act (Chapter 432)2. The state defines gambling as accepting money or a valuable thing contingent upon the result of a game, race, contest, or uncertain event2. Some forms of gambling are legal in Michigan, such as:

• Horse racing at licensed tracks
• Internet sports betting
• Gambling on Native American land at licensed casinos
• Bingo and minor bets at bowling alleys2

However, many gambling-related activities are prohibited, including:

• Keeping a gaming room or table
• Permitting gambling in a building you own or occupy
• Winning money by gambling
• Losing money by gambling2

Penalties for Gambling Crimes

The penalties for violating Michigan’s gambling laws vary depending on the specific offense and the defendant’s criminal history. Many gambling offenses are misdemeanors punishable by up to one year in jail and a maximum fine of $1,0002. However, some gambling crimes carry more severe penalties. For example, under MCL 432.218, the following offenses related to cheating at a casino are felonies punishable by up to 10 years in prison and/or a $100,000 fine:

• Keeping track of cards played
• Cheating at a gambling game
• Manufacturing or distributing devices intended to violate gambling laws
• Placing bets based on non-public knowledge of the game’s outcome
• Claiming or collecting money from gambling games with intent to defraud
• Using counterfeit chips or tokens1

Additionally, permitting any of these illegal acts in a building you own or occupy is a felony punishable by up to 2 years in prison and/or a fine of $500-$1,0004.

Michigan’s Sentencing Guidelines

Michigan uses a set of statutory sentencing guidelines to determine the minimum sentence range for most felony offenses, including gambling crimes4. The guidelines consider the offense’s seriousness (crime class) and the offender’s criminal history (prior record variable score) to calculate the recommended minimum sentence range4.

Here’s a general breakdown of the crime classes and their corresponding statutory maximums:

• M2 / Class A: Life or any term of years
• Class B: Up to 20 years
• Class C: Up to 15 years
• Class D: Up to 10 years
• Class E: Up to 5 years
• Class F: Up to 4 years
• Class G: Up to 2 years
• Class H: Jail, probation, or other non-prison sanctions4

To determine the recommended minimum sentence range, the court scores the offense variables and prior record variables, placing the offender in a particular cell on the sentencing grid4. The court must then impose a minimum sentence within that range, unless it finds substantial and compelling reasons to depart4.

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2024-03-18

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Applying the Guidelines to Gambling Crimes

Let’s look at how Michigan’s sentencing guidelines might apply to a hypothetical gambling crime. Suppose an individual is convicted of violating MCL 432.218 by cheating at a casino game, a Class D offense. First, the court would score the offense variables based on the facts of the case, such as whether the offender used a weapon, caused physical injury, exploited a vulnerable victim, etc.4. Each variable is assigned a point value, which are added together to determine the offense variable level (I-VI)4. Next, the court would calculate the offender’s prior record variable score based on their criminal history, including prior convictions, juvenile adjudications, and relationship to the criminal justice system4. The total score places the offender in a prior record level (A-F)4. Using the sentencing grid for Class D offenses, the court would locate the cell corresponding to the offender’s offense variable level and prior record level4. This cell contains the recommended minimum sentence range, such as “36-71 months” or “43-76 months”4. The court must then impose a minimum sentence within that range, unless it finds substantial and compelling reasons to depart upward or downward4. The maximum sentence is set by law based on the offense’s crime class – in this case, up to 10 years for a Class D offense4.

Departing from the Guidelines

In some cases, the court may find substantial and compelling reasons to impose a minimum sentence outside the guidelines range4. Substantial and compelling reasons are those that “keenly” or “irresistibly” grab the court’s attention and are of “considerable worth” in deciding the length of the sentence4.

Some examples of factors that might justify an upward departure include:

• Excessive brutality or cruelty
• Victim’s extreme fear or terror
• Victim’s extraordinary suffering
• Exploitation of vulnerable victim
• Major economic loss to victim or community
• Defendant’s leadership role in multi-offender situation4

Factors that might warrant a downward departure include:

• Victim provocation or initiation
• Offender’s age or health
• Offender’s cooperation with law enforcement
• Offender’s potential for rehabilitation4

However, the court must articulate its reasons for departing from the guidelines on the record and in writing4. The departure may be challenged on appeal if the reasons are not substantial and compelling or if the extent of the departure is disproportionate4.

Other Consequences of Gambling Convictions

In addition to potential jail or prison time and fines, a gambling conviction in Michigan can have other serious consequences. For example:

• A felony conviction will result in the loss of certain civil rights, such as the right to vote, serve on a jury, or possess a firearm1.
• A gambling conviction may impact your professional licensure or employment prospects, especially in fields like law enforcement, education, or finance1.
• If you cheated at a casino, you will be permanently barred from all gambling establishments in Michigan1.
• You may be required to pay restitution to victims who suffered financial losses as a result of your offense1.
• You may be placed on probation and required to comply with various conditions, such as reporting to a probation officer, submitting to drug tests, or attending gambling addiction treatment1.

Getting Help for Problem Gambling

If you or someone you love has been charged with a gambling crime, it’s important to consider whether problem gambling played a role. Compulsive gambling is a serious disorder that can lead to financial ruin, legal troubles, and strained relationships.

Signs of a gambling problem include:

• Preoccupation with gambling
• Needing to gamble with increasing amounts of money
• Repeated unsuccessful efforts to control or stop gambling
• Restlessness or irritability when trying to cut back
• Gambling to escape problems or relieve negative moods
• Chasing losses with more gambling
• Lying to conceal gambling activity
• Jeopardizing relationships, jobs, or education because of gambling
• Relying on others to bail you out of financial trouble caused by gambling3

If you recognize these signs in yourself or a loved one, know that help is available. The Michigan Problem Gambling Helpline (1-800-270-7117) offers confidential support and referrals to treatment programs 24/73. You can also find resources through the National Council on Problem Gambling (www.ncpgambling.org). Addressing a gambling problem may not only improve your mental health and relationships, but it can also be a mitigating factor in your criminal case. Voluntarily seeking treatment before sentencing can demonstrate your commitment to rehabilitation and may persuade the judge to impose a more lenient sentence3.

Hiring a Skilled Defense Attorney

Regardless of the circumstances of your case, it’s crucial to have an experienced criminal defense attorney on your side when facing gambling charges in Michigan. A skilled lawyer can:

• Evaluate the strength of the evidence against you
• Identify any legal defenses or mitigating factors
• Negotiate with prosecutors for reduced charges or a plea bargain
• Advocate for a fair sentence that considers your individual circumstances
• Help you navigate the complex criminal justice system1

Don’t try to handle a gambling case on your own. The stakes are too high, and the legal system is too complicated. Instead, consult with a reputable defense attorney who has experience handling gambling cases in Michigan. Many offer free initial consultations, so you can discuss your case and learn about your options without obligation1.