Sentencing modifiers are statutes that aid in defining the punishment for the underlying offense. Modifiers can affect either or both the duration and the disposition of the presumptive sentence. Any change to the presumptive fixed sentence must also be applied to the upper and lower ends of the sentencing range, except that the presumptive sentence cannot be less than one year and one day, nor can it be less than any applicable mandatory minimum. More information on sentence modifiers and official language can be found in section 2.G of the Guidelines.
Sentence reducing modifiers are modifiers that decrease the presumptive sentence. When an offender is sentenced for an offense that includes one of the following modifiers, the presumptive duration is one-half of that found in the appropriate cell on the applicable Grid for the underlying offense, or the mandatory minimum, whichever is greater.
Sentence increasing modifiers are modifiers that increase the presumptive sentence. When an offender is sentenced for an offense that includes one of the following modifiers, the presumptive duration is increased accordingly.
The presumptive sentence for attempt or conspiracy to commit First-Degree Murder (Minn. Stat. § 609.185) or attempt or conspiracy to commit First-Degree Murder of an Unborn Child (Minn. Stat. § 609.2261) is found in Section 2.G of the Guidelines.
The durations on the grid are the presumptive sentence and will not be cut in half.
Electronic Worksheet System Hint:
When completing a sentencing worksheet, use Severity Level 12 (or 11 for offenses prior to August 1, 2002).
Some modifiers do not affect the sentence. Two of the most common of these are:
These statutes define the way an offense was committed but do not change the presumptive sentence.