Mich. Comp. Laws » Michigan Compiled Laws / Chapter 777 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 777.22 (2026)

Offense variables; scoring.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


777.22 Offense variables; scoring.

Sec. 22.

    (1) For all crimes against a person, score offense variables 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 19, and 20. Score offense variables 5 and 6 for homicide, attempted homicide, conspiracy or solicitation to commit a homicide, or assault with intent to commit murder. Score offense variable 16 under this subsection for a violation or attempted violation of section 110a of the Michigan penal code, 1931 PA 328, MCL 750.110a. Score offense variables 17 and 18 if the offense or attempted offense involves the operation of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive.

    (2) For all crimes against property, score offense variables 1, 2, 3, 4, 9, 10, 12, 13, 14, 16, 19, and 20.

    (3) For all crimes involving a controlled substance, score offense variables 1, 2, 3, 12, 13, 14, 15, 19, and 20.

    (4) For all crimes against public order and all crimes against public trust, score offense variables 1, 3, 4, 9, 10, 12, 13, 14, 16, 19, and 20.

    (5) For all crimes against public safety, score offense variables 1, 3, 4, 9, 10, 12, 13, 14, 16, 19, and 20. Score offense variable 18 if the offense or attempted offense involves the operation of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive.

History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2000, Act 279, Eff. Oct. 1, 2000 ;-- Am. 2002, Act 143, Eff. Apr. 22, 2002 ;-- Am. 2003, Act 134, Eff. Sept. 30, 2003

Notes of Decisions
Cited in 113 cases (39 in the last 5 years), 2002–2026 · leading case: People v. Bonilla-Machado, 803 N.W.2d 217 (Mich. 2011).
Sort: Relevance Newest Treatment
People v. Bonilla-Machado, 803 N.W.2d 217 (Mich. 2011). · cites it 32× “43, also contained within the sentencing guidelines, governs OV 13 and provides: (1) Offense variable 13 is continuing pattern of criminal behavior. Score offense variable 13 by determining which of the following apply and by assigning the number of points attributable to the…”
People v. Kimble, 684 N.W.2d 669 (Mich. 2004). · cites it 8× “§ 777.22(1). Defendant's minimum sentence, as a result, exceeds the appropriate sentencing guidelines range, and the trial court did not articulate a substantial and compelling reason for this departure.”
People v. Lockridge, 870 N.W.2d 502 (Mich. 2015). · cites it 4× “21(1)(a) and MCL 777.22(1) direct courts to score OVs 1 through 4, 7 through 14, 19 and 20 for crimes against a person, a designation that applies to kidnapping, MCL 777.”
People v. Smith, 793 N.W.2d 666 (Mich. 2010). · cites it 8× “18 MCL 777.22. 19 MCL 767.1. 7 which the sentencing offense itself occurred within a court or penal institution.”
People v. Peltola, 803 N.W.2d 140 (Mich. 2011). · cites it 6× “From [MCL 777.22], determine the offense variables to be scored for that offense category and score only those offense variables for the offender as provided in part 4 of this chapter [MCL 777.”
People v. Kimble, 651 N.W.2d 798 (Mich. Ct. App. 2002). · cites it 8× “§ 777.22 suggest that OV 16 applies, the record did not support a finding that any property was obtained, damaged, lost, or destroyed.”
People v. Melton, 722 N.W.2d 698 (Mich. Ct. App. 2006). · cites it 10× “MCL 777.22. However, this simply means that the Legislature intended a sentencing court to score OV 9 for any property crime that happens to result in the additional risk of physical injury.”
People v. Hardy; People v. Glenn, 494 Mich. 430 (Mich. 2013). · cites it 2× “” MCL 777.22(1). This category of felonies encompasses a broad spectrum of crimes ranging from those that may cause little or no fear and anxiety to a victim during the offense, to those crimes that, by their very nature, tend to cause a great deal of fear and anxiety to a…”
People of Michigan v. Vicki Renee Dickinson, 909 N.W.2d 24 (Mich. Ct. App. 2017). · cites it 2× “3 Under MCL 777.22, OV 14 must be scored for all felony offenses.”
People v. Bemer, 777 N.W.2d 464 (Mich. Ct. App. 2009). · cites it 6× “The trial court was not required to score every OV enacted by the Legislature; rather, MCL 777.22 provides for the scoring of certain variables depending on the offense category of the crime.”
People v. Smith, 754 N.W.2d 284 (Mich. 2008). · cites it 2× “31(1)(a); OV 2 (lethal potential of weapon) (15 points), MCL 777.”
People v. Morson, 685 N.W.2d 203 (Mich. 2004). · cites it 2× “MCL 777.22(1), as amended by 2002 PA 143 , provided: For all crimes against a person, score offense variables 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 19, and 20.”
Show all 113 citing cases →
— Mich. Comp. Laws § 777.22(1) — 73 cases
People v. Kimble, 684 N.W.2d 669 (Mich. 2004). “§ 777.22(1). Defendant's minimum sentence, as a result, exceeds the appropriate sentencing guidelines range, and the trial court did not articulate a substantial and compelling reason for this departure.”
People v. Lockridge, 870 N.W.2d 502 (Mich. 2015). “21(1)(a) and MCL 777.22(1) direct courts to score OVs 1 through 4, 7 through 14, 19 and 20 for crimes against a person, a designation that applies to kidnapping, MCL 777.”
People v. Hardy; People v. Glenn, 494 Mich. 430 (Mich. 2013). “” MCL 777.22(1). This category of felonies encompasses a broad spectrum of crimes ranging from those that may cause little or no fear and anxiety to a victim during the offense, to those crimes that, by their very nature, tend to cause a great deal of fear and anxiety to a…”
People v. Kimble, 651 N.W.2d 798 (Mich. Ct. App. 2002). “§ 777.22 suggest that OV 16 applies, the record did not support a finding that any property was obtained, damaged, lost, or destroyed.”
People v. Bemer, 777 N.W.2d 464 (Mich. Ct. App. 2009). “The trial court was not required to score every OV enacted by the Legislature; rather, MCL 777.22 provides for the scoring of certain variables depending on the offense category of the crime.”
— Mich. Comp. Laws § 777.22(1)(a) — 2 cases
People of Michigan v. Crystal L Shelton-Randolph (Mich. Ct. App. 2017).
People of Michigan v. Crystal L Shelton-Randolph (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 777.22(1)(c) — 1 case
People of Michigan v. Joseph John Uturo (Mich. Ct. App. 2023).
— Mich. Comp. Laws § 777.22(1)(e) — 1 case
20250212_C367439_85_367439.Opn.Pdf (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 777.22(2) — 4 cases
People v. McDaniel, 662 N.W.2d 101 (Mich. Ct. App. 2003).
People of Michigan v. Giovanni Naccarato (Mich. Ct. App. 2015).
People of Michigan v. Deshon Marcel Session (Mich. Ct. App. 2016).
People of Michigan v. Derek James Smith (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 777.22(4) — 2 cases
People v. Underwood, 750 N.W.2d 612 (Mich. Ct. App. 2008).
People of Michigan v. Derek James Smith (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 777.22(5) — 7 cases
People v. Bonilla-Machado, 803 N.W.2d 217 (Mich. 2011). “43, also contained within the sentencing guidelines, governs OV 13 and provides: (1) Offense variable 13 is continuing pattern of criminal behavior. Score offense variable 13 by determining which of the following apply and by assigning the number of points attributable to the…”
People of Michigan v. Amire Armstrong-Nichols (Mich. Ct. App. 2016).
People of Michigan v. Derek James Smith (Mich. Ct. App. 2016).
People of Michigan v. Dashawn Jessie Wallace (Mich. Ct. App. 2018).
People of Michigan v. Jivonnie Ramone Jones (Mich. Ct. App. 2019).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.