Michigan Compiled Laws

Mich. Comp. Laws § 777.32 (2026)

Lethal potential of weapon possessed or used.

✓ current as of July 2026

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THE CODE OF CRIMINAL PROCEDURE

Act 175 of 1927

777.32 Lethal potential of weapon possessed or used.

Sec. 32.

(1) Offense variable 2 is lethal potential of the weapon possessed or used. Score offense variable 2 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:

(a) The offender possessed or used a harmful biological substance, harmful biological device, harmful chemical substance, harmful chemical device, harmful radioactive material, or harmful radioactive device	15 points
(b) The offender possessed or used an incendiary device, an explosive device, or a fully automatic weapon	15 points
(c) The offender possessed or used a short-barreled rifle or a short-barreled shotgun	10 points
(d) The offender possessed or used a pistol, rifle, shotgun, or knife or other cutting or stabbing weapon	5 points
(e) The offender possessed or used any other potentially lethal weapon	1 point
(f) The offender possessed or used no weapon	0 points

(2) In multiple offender cases, if 1 offender is assessed points for possessing a weapon, all offenders shall be assessed the same number of points.

(3) As used in this section:

(a) "Harmful biological substance", "harmful biological device", "harmful chemical substance", "harmful chemical device", "harmful radioactive material", and "harmful radioactive device" mean those terms as defined in section 200h of the Michigan penal code, 1931 PA 328, MCL 750.200h.

(b) "Fully automatic weapon" means a firearm employing gas pressure or force of recoil or other means to eject an empty cartridge from the firearm after a shot, and to load and fire the next cartridge from the magazine, without renewed pressure on the trigger for each successive shot.

(c) "Pistol", "rifle", or "shotgun" includes a revolver, semi-automatic pistol, rifle, shotgun, combination rifle and shotgun, or other firearm manufactured in or after 1898 that fires fixed ammunition, but does not include a fully automatic weapon or short-barreled shotgun or short-barreled rifle.

(d) "Incendiary device" includes gasoline or any other flammable substance, a blowtorch, fire bomb, Molotov cocktail, or other similar device.

History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2001, Act 136, Imd. Eff. Oct. 23, 2001

Notes of Decisions

Cited in 181 cases (43 in the last 5 years), 2006–2026 · leading case: People v. McCuller, 739 N.W.2d 563 (Mich. 2007).

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People v. McCuller, 739 N.W.2d 563 (Mich. 2007). · cites it 10× “32(1)(d) (now MCL 777.32[1][e]); and 25 points for OV 3 because a "[l]ife threatening or permanent incapacitating injury occurred to a victim," MCL 777.”

People of Michigan v. Dawn Marie Dixon-Bey, 909 N.W.2d 458 (Mich. Ct. App. 2017). · cites it 3× “31, and OV 2 (lethal potential of weapon possessed or used), MCL 777.32. The trial court offered no rationale as to why that scoring was insufficient to reflect the nature of the stabbing.”

People v. Lockridge, 870 N.W.2d 502 (Mich. 2015). · cites it 2× “People v 28 Our holding today does nothing to undercut the requirement that the highest number of points possible must be assessed for all OVs, whether using judge-found facts or not.”

People v. Hutcheson, 865 N.W.2d 44 (Mich. Ct. App. 2014). · cites it 7× “31, at 10 points and OV 2, MCL 777.32, at 1 point, arguing that he never used a weapon when he attacked the victim.”

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 777.32(1)(b); OV 3 (physical injury to victim) (100 points), MCL 777.”

People v. Bosca, 871 N.W.2d 307 (Mich. Ct. App. 2015). · cites it 2× “In scoring 5 points for OV 2, the trial court explained, “The Court’s already indicated, I’m persuaded that there was a cutting weapon used by these Defendants, even if not this Defendant in particular.”

People v. Young, 740 N.W.2d 347 (Mich. Ct. App. 2007). · cites it 3× “31 and MCL 777.32. Hence, the guidelines clearly account for the use of a weapon during the commission of an offense.”

People v. Jackson, 790 N.W.2d 340 (Mich. 2010). · cites it 2× “57(1)(a) provides that 20 points should be assessed if “[t]he offender has 2 or more subsequent or concurrent convictions[.”

People v. McCuller, 715 N.W.2d 798 (Mich. 2006). · cites it 4× “MCL 777.32. He found that the victim had suffered a life threatening or permanent incapacitating injury, and scored OV 3 at 25 points.”

People v. Harverson, 804 N.W.2d 757 (Mich. Ct. App. 2010). “a pistol, rifle, [or] shotgun,” MCL 777.32(l)(d). As noted in the foregoing analysis, the presentence investigation report indicates that defendant pointed the gun at Conliffe’s face and, additionally, Conliffe’s mother and stepfather both testified at trial that defendant…”

People v. Gloster, 880 N.W.2d 776 (Mich. 2016). “MCL 777.32(2). MCL 777.33(2)(a). Farrington v Total Petroleum, Inc, 442 Mich 201, 210 ; 501 NW2d 76 (1993).”

People v. Ackah-Essien, 874 N.W.2d 172 (Mich. Ct. App. 2015). “That subsection defines “firearm” to mean “a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air,” but excludes from the definition “a smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas…”

Show all 181 citing cases →

— Mich. Comp. Laws § 777.32(1) — 41 cases

People v. Lockridge, 870 N.W.2d 502 (Mich. 2015). “People v 28 Our holding today does nothing to undercut the requirement that the highest number of points possible must be assessed for all OVs, whether using judge-found facts or not.”

People v. Jackson, 790 N.W.2d 340 (Mich. 2010). “57(1)(a) provides that 20 points should be assessed if “[t]he offender has 2 or more subsequent or concurrent convictions[.”

People v. Hutcheson, 865 N.W.2d 44 (Mich. Ct. App. 2014). “31, at 10 points and OV 2, MCL 777.32, at 1 point, arguing that he never used a weapon when he attacked the victim.”

People v. Young, 740 N.W.2d 347 (Mich. Ct. App. 2007). “31 and MCL 777.32. Hence, the guidelines clearly account for the use of a weapon during the commission of an offense.”

People v. Young, 740 N.W.2d 347 (Mich. Ct. App. 2007).

— Mich. Comp. Laws § 777.32(1)(3) — 1 case

DelaGarza v. Winn (E.D. Mich. 2021).

— Mich. Comp. Laws § 777.32(1)(a) — 10 cases

People of Michigan v. Jason Michael Fox (Mich. Ct. App. 2015).

People of Michigan v. Elizabeth Long (Mich. Ct. App. 2017).

People of Michigan v. Christopher Louis Sindone (Mich. Ct. App. 2019).

People of Michigan v. Broderick David Savage (Mich. Ct. App. 2019).

— Mich. Comp. Laws § 777.32(1)(b) — 18 cases

People v. Smith, 754 N.W.2d 284 (Mich. 2008). “31(1)(a); OV 2 (lethal potential of weapon) (15 points), MCL 777.32(1)(b); OV 3 (physical injury to victim) (100 points), MCL 777.”

People of Michigan v. Deshawn Laprence Landers (Mich. Ct. App. 2018).

People of Michigan v. Christopher Louis Sindone (Mich. Ct. App. 2019).

People of Michigan v. Giovanni Naccarato (Mich. Ct. App. 2015).

— Mich. Comp. Laws § 777.32(1)(c) — 11 cases

People of Michigan v. Andre Vertis Dent (Mich. Ct. App. 2016).

People of Michigan v. Aaron Desmond Davis (Mich. Ct. App. 2016).

People of Michigan v. Justin Milton Bell (Mich. Ct. App. 2017).

People of Michigan v. Kashif Omar Reynolds (Mich. Ct. App. 2017).

— Mich. Comp. Laws § 777.32(1)(d) — 82 cases

People v. McCuller, 739 N.W.2d 563 (Mich. 2007). “32(1)(d) (now MCL 777.32[1][e]); and 25 points for OV 3 because a "[l]ife threatening or permanent incapacitating injury occurred to a victim," MCL 777.”

People v. Stokes, 877 N.W.2d 752 (Mich. Ct. App. 2015).

People v. Young, 740 N.W.2d 347 (Mich. Ct. App. 2007).

People of Michigan v. Roberto Marcello Dupree (Mich. 2023).

— Mich. Comp. Laws § 777.32(1)(e) — 21 cases

People v. McCuller, 715 N.W.2d 798 (Mich. 2006). “MCL 777.32. He found that the victim had suffered a life threatening or permanent incapacitating injury, and scored OV 3 at 25 points.”

People of Michigan v. Jason Michael Fox (Mich. Ct. App. 2015).

People of Michigan v. Timothy Allen Tait (Mich. Ct. App. 2017).

— Mich. Comp. Laws § 777.32(1)(f) — 5 cases

People of Michigan v. Clarence Jovan Davison (Mich. Ct. App. 2016).

People of Michigan v. Ricardo Rodriguez Jr (Mich. Ct. App. 2019).

People of Michigan v. Mario Willis (Mich. Ct. App. 2020).

People Of Mi V Johnny Wayne Davis (Mich. Ct. App. 2022).

People of Michigan v. Marquan Antonio Jackson (Mich. Ct. App. 2014).

— Mich. Comp. Laws § 777.32(2) — 26 cases

People v. Gloster, 880 N.W.2d 776 (Mich. 2016). “MCL 777.32(2). MCL 777.33(2)(a). Farrington v Total Petroleum, Inc, 442 Mich 201, 210 ; 501 NW2d 76 (1993).”

People v. Hunt, 810 N.W.2d 588 (Mich. Ct. App. 2010).

People v. Johnston, 732 N.W.2d 531 (Mich. 2007).

People of Michigan v. Roberto Marcello Dupree (Mich. 2023).

— Mich. Comp. Laws § 777.32(2)(a) — 1 case

People of Michigan v. Joel Hosea Harding (Mich. Ct. App. 2025).

— Mich. Comp. Laws § 777.32(2)(b) — 1 case

People of Michigan v. Darius Rush (Mich. Ct. App. 2016).

— Mich. Comp. Laws § 777.32(3)(b) — 1 case

People of Michigan v. Marquiese Rashawn Esters (Mich. Ct. App. 2019).

— Mich. Comp. Laws § 777.32(3)(c) — 5 cases

People of Michigan v. Derek James Beach (Mich. Ct. App. 2017).

People of Michigan v. William James Kooistra (Mich. Ct. App. 2018).

People of Michigan v. Marquan Antonio Jackson (Mich. Ct. App. 2014).

People of Michigan v. Kevin Michael Clark (Mich. Ct. App. 2015).

— Mich. Comp. Laws § 777.32(3)(d) — 9 cases

People of Michigan v. Bobby Fomby (Mich. Ct. App. 2017).

People of Michigan v. Christopher Louis Sindone (Mich. Ct. App. 2019).

People of Michigan v. Scott Weston Esch (Mich. Ct. App. 2026).

People of Michigan v. Deshawn Laprence Landers (Mich. Ct. App. 2018).

— Mich. Comp. Laws § 777.32(a) — 1 case

People of Michigan v. Sharnae Nicole Cook (Mich. Ct. App. 2025).

— Mich. Comp. Laws § 777.32(a)(d) — 1 case

People of Michigan v. Mario Cortize Jackson (Mich. Ct. App. 2024).

— Mich. Comp. Laws § 777.32(b) — 1 case

People of Michigan v. Catrell Keyshawn Woods (Mich. Ct. App. 2025).

— Mich. Comp. Laws § 777.32(d) — 4 cases

People v. Bosca, 871 N.W.2d 307 (Mich. Ct. App. 2015). “In scoring 5 points for OV 2, the trial court explained, “The Court’s already indicated, I’m persuaded that there was a cutting weapon used by these Defendants, even if not this Defendant in particular.”

People of Michigan v. Demetrius Alexander Mitchell (Mich. Ct. App. 2018).

People of Michigan v. Kevin David Hawley (Mich. Ct. App. 2015).

— Mich. Comp. Laws § 777.32(l)(a) — 2 cases

People v. Hutcheson, 865 N.W.2d 44 (Mich. Ct. App. 2014). “31, at 10 points and OV 2, MCL 777.32, at 1 point, arguing that he never used a weapon when he attacked the victim.”

People v. Blunt, 761 N.W.2d 427 (Mich. Ct. App. 2009).

— Mich. Comp. Laws § 777.32(l)(d) — 3 cases

People v. Young, 740 N.W.2d 347 (Mich. Ct. App. 2007). “31 and MCL 777.32. Hence, the guidelines clearly account for the use of a weapon during the commission of an offense.”

— Mich. Comp. Laws § 777.32(l)(e) — 3 cases

People v. Hutcheson, 865 N.W.2d 44 (Mich. Ct. App. 2014). “31, at 10 points and OV 2, MCL 777.32, at 1 point, arguing that he never used a weapon when he attacked the victim.”

People v. McCuller, 715 N.W.2d 798 (Mich. 2006). “MCL 777.32. He found that the victim had suffered a life threatening or permanent incapacitating injury, and scored OV 3 at 25 points.”

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