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

Mich. Comp. Laws § 777.33 (2026)

Physical injury to victim; offense variable 3; scoring; "requiring medical treatment" defined.

✓ 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


777.33 Physical injury to victim; offense variable 3; scoring; "requiring medical treatment" defined.

Sec. 33.

    (1) Offense variable 3 is physical injury to a victim. Score offense variable 3 by determining which of the following subdivisions apply and by assigning the number of points attributable to the applicable subdivision that has the highest number of points:

    

    (a) A victim was killed

    100 points

    (b) A victim was killed

    50 points

    (c) Life threatening or permanent incapacitating injury occurred to a victim

    25 points

    (d) Bodily injury requiring medical treatment occurred to a victim

    10 points

    (e) Bodily injury not requiring medical treatment occurred to a victim

    5 points

    (f) No physical injury occurred to a victim

    0 points

    (2) All of the following apply to scoring offense variable 3:

    (a) In multiple offender cases, if 1 offender is assessed points for death or physical injury, all offenders must be assessed the same number of points.

    (b) Score 100 points if death results from the commission of a crime and homicide is not the sentencing offense.

    (c) Score 50 points if death results from the commission of a crime and the offense or attempted offense involves the operation of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive and any of the following apply:

    (i) The offender was under the influence of or visibly impaired by the use of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.

    (ii) The offender had an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning 5 years after the state treasurer publishes a certification under section 625(28) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, the offender had an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

    (iii) The offender's body contained any amount of a controlled substance listed in schedule 1 under section 7212 of the public health code, 1978 PA 368, MCL 333.7212, or a rule promulgated under that section, or a controlled substance described in section 7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214.

    (d) Do not score 5 points if bodily injury is an element of the sentencing offense.

    (3) As used in this section, "requiring medical treatment" refers to the necessity for treatment and not the victim's success in obtaining treatment.

    

History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2000, Act 279, Eff. Oct. 1, 2000 ;-- Am. 2003, Act 134, Eff. Sept. 30, 2003 ;-- Am. 2013, Act 24, Imd. Eff. May 9, 2013 ;-- Am. 2017, Act 152, Eff. Feb. 6, 2018 ;-- Am. 2021, Act 81, Eff. Nov. 21, 2021 ;-- Am. 2021, Act 84, Imd. Eff. Sept. 24, 2021

Notes of Decisions
Cited in 442 cases (124 in the last 5 years), 2001–2026 · leading case: People v. Laidler, 817 N.W.2d 517 (Mich. 2012).
Sort: Relevance Newest Treatment
People v. Laidler, 817 N.W.2d 517 (Mich. 2012). · cites it 66× “Because we conclude that the coperpetrator’s death constituted such a harm, we reverse in part the judgment of the Court of Appeals and reinstate defendant’s sentence.”
People v. Houston, 702 N.W.2d 530 (Mich. 2005). · cites it 60× “§ 777.33. The defendant in this case was convicted of second-degree murder on the basis of the shooting death of *531 John Strong.”
People v. Biddles, 896 N.W.2d 461 (Mich. Ct. App. 2016). · cites it 23× “31, OV 3, MCL 777.33, OV 4, MCL 777.34, and OV 9, MCL 777.”
People v. Morson, 685 N.W.2d 203 (Mich. 2004). · cites it 26× “31, and OV 3 assesses points for physical injury to a victim, MCL 777.33. This case concerns how these two variables are to be scored in cases involving multiple offenders.”
People v. Cathey, 681 N.W.2d 661 (Mich. Ct. App. 2004). · cites it 30× “§ 777.33, and [2] whether the rule of People v.”
People v. McCuller, 739 N.W.2d 563 (Mich. 2007). · cites it 16× “MCL 777.33. Defendant made no admissions at sentencing that supported the points attributed to these OV factors.”
People v. Lockridge, 870 N.W.2d 502 (Mich. 2015). · cites it 4× “3 MCL 777.33(1)(c). 4 MCL 777.35(1)(a). 5 MCL 777.”
People v. Hardy; People v. Glenn, 494 Mich. 430 (Mich. 2013). · cites it 4× “See OV 3, MCL 777.33; OV 6, MCL 777.36; OV 9, MCL 777.”
People of Michigan v. Anthony Ray McFarlane Jr, 926 N.W.2d 339 (Mich. Ct. App. 2018). · cites it 2× “" MCL 777.33(1)(c). The trial court found that a score of 25 points was appropriate for OV 3.”
People of Michigan v. Robert Lee Rosa, 913 N.W.2d 392 (Mich. Ct. App. 2018). · cites it 4× “" MCL 777.33(1). OV 3 should be scored at 25 points when "[l]ife threatening or permanent incapacitating injury occurred to a victim.”
People v. Fawaz, 829 N.W.2d 259 (Mich. Ct. App. 2012). · cites it 6× “OV 3 is governed by MCL 777.33, and addresses physical injury to victims.”
People v. Armstrong, 851 N.W.2d 856 (Mich. Ct. App. 2014). · cites it 4× “Because the trial court’s error changes Armstrong’s sentencing range, he is entitled to resentencing. *249 249 We affirm Armstrong’s conviction, but vacate his sentence and remand for resentencing.”
Show all 442 citing cases →
— Mich. Comp. Laws § 777.33(1) — 121 cases
People v. Morson, 685 N.W.2d 203 (Mich. 2004). “31, and OV 3 assesses points for physical injury to a victim, MCL 777.33. This case concerns how these two variables are to be scored in cases involving multiple offenders.”
People v. Cathey, 681 N.W.2d 661 (Mich. Ct. App. 2004). “§ 777.33, and [2] whether the rule of People v.”
People v. Houston, 702 N.W.2d 530 (Mich. 2005). “§ 777.33. The defendant in this case was convicted of second-degree murder on the basis of the shooting death of *531 John Strong.”
People v. Laidler, 817 N.W.2d 517 (Mich. 2012). “Because we conclude that the coperpetrator’s death constituted such a harm, we reverse in part the judgment of the Court of Appeals and reinstate defendant’s sentence.”
People of Michigan v. Robert Lee Rosa, 913 N.W.2d 392 (Mich. Ct. App. 2018). “" MCL 777.33(1). OV 3 should be scored at 25 points when "[l]ife threatening or permanent incapacitating injury occurred to a victim.”
— Mich. Comp. Laws § 777.33(1)(3) — 1 case
People of Michigan v. Deandre Lamont Solomon (Mich. Ct. App. 2014).
— Mich. Comp. Laws § 777.33(1)(a) — 34 cases
People v. Biddles, 896 N.W.2d 461 (Mich. Ct. App. 2016). “31, OV 3, MCL 777.33, OV 4, MCL 777.34, and OV 9, MCL 777.”
People v. Smith, 754 N.W.2d 284 (Mich. 2008).
People v. Houston, 702 N.W.2d 530 (Mich. 2005). “§ 777.33. The defendant in this case was convicted of second-degree murder on the basis of the shooting death of *531 John Strong.”
People v. Laidler, 817 N.W.2d 517 (Mich. 2012). “Because we conclude that the coperpetrator’s death constituted such a harm, we reverse in part the judgment of the Court of Appeals and reinstate defendant’s sentence.”
People v. Laidler, 291 Mich. App. 199 (Mich. Ct. App. 2010).
— Mich. Comp. Laws § 777.33(1)(b) — 14 cases
People v. Houston, 702 N.W.2d 530 (Mich. 2005). “§ 777.33. The defendant in this case was convicted of second-degree murder on the basis of the shooting death of *531 John Strong.”
People v. Bergman, 879 N.W.2d 278 (Mich. Ct. App. 2015).
People of Michigan v. Daniel Korin Autry Jr (Mich. Ct. App. 2026).
People of Michigan v. Johnnie Derek Rogers (Mich. Ct. App. 2017).
People of Michigan v. Johnnie Derek Rogers (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 777.33(1)(c) — 120 cases
People of Michigan v. Anthony Ray McFarlane Jr, 926 N.W.2d 339 (Mich. Ct. App. 2018). “" MCL 777.33(1)(c). The trial court found that a score of 25 points was appropriate for OV 3.”
People v. Lockridge, 870 N.W.2d 502 (Mich. 2015). “3 MCL 777.33(1)(c). 4 MCL 777.35(1)(a). 5 MCL 777.”
People v. Houston, 702 N.W.2d 530 (Mich. 2005). “§ 777.33. The defendant in this case was convicted of second-degree murder on the basis of the shooting death of *531 John Strong.”
People v. McCuller, 739 N.W.2d 563 (Mich. 2007). “MCL 777.33. Defendant made no admissions at sentencing that supported the points attributed to these OV factors.”
People v. Laidler, 817 N.W.2d 517 (Mich. 2012). “Because we conclude that the coperpetrator’s death constituted such a harm, we reverse in part the judgment of the Court of Appeals and reinstate defendant’s sentence.”
— Mich. Comp. Laws § 777.33(1)(d) — 129 cases
People v. Cathey, 681 N.W.2d 661 (Mich. Ct. App. 2004). “§ 777.33, and [2] whether the rule of People v.”
People of Michigan v. Robert Lee Rosa, 913 N.W.2d 392 (Mich. Ct. App. 2018). “" MCL 777.33(1). OV 3 should be scored at 25 points when "[l]ife threatening or permanent incapacitating injury occurred to a victim.”
People v. Gibbs, 299 Mich. App. 473 (Mich. Ct. App. 2013).
People v. Fawaz, 829 N.W.2d 259 (Mich. Ct. App. 2012). “OV 3 is governed by MCL 777.33, and addresses physical injury to victims.”
People v. McDonald, 811 N.W.2d 507 (Mich. Ct. App. 2011).
— Mich. Comp. Laws § 777.33(1)(e) — 65 cases
People v. Houston, 702 N.W.2d 530 (Mich. 2005). “§ 777.33. The defendant in this case was convicted of second-degree murder on the basis of the shooting death of *531 John Strong.”
People of Michigan v. Robert Lee Rosa, 913 N.W.2d 392 (Mich. Ct. App. 2018). “" MCL 777.33(1). OV 3 should be scored at 25 points when "[l]ife threatening or permanent incapacitating injury occurred to a victim.”
People v. Cathey, 681 N.W.2d 661 (Mich. Ct. App. 2004). “§ 777.33, and [2] whether the rule of People v.”
People v. Apgar, 690 N.W.2d 312 (Mich. Ct. App. 2005).
People of Michigan v. Jeffrey Paul Reiher (Mich. Ct. App. 2019).
— Mich. Comp. Laws § 777.33(1)(f) — 28 cases
People v. Houston, 702 N.W.2d 530 (Mich. 2005). “§ 777.33. The defendant in this case was convicted of second-degree murder on the basis of the shooting death of *531 John Strong.”
People v. Woolsey, 739 N.W.2d 611 (Mich. 2007).
People v. Winkler, 732 N.W.2d 111 (Mich. 2007).
People of Michigan v. Joseph Christopher Mazzio (Mich. Ct. App. 2017).
People of Michigan v. Joseph Christopher Mazzio (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 777.33(2) — 3 cases
People v. Laidler, 817 N.W.2d 517 (Mich. 2012). “Because we conclude that the coperpetrator’s death constituted such a harm, we reverse in part the judgment of the Court of Appeals and reinstate defendant’s sentence.”
People v. Houston, 702 N.W.2d 530 (Mich. 2005). “§ 777.33. The defendant in this case was convicted of second-degree murder on the basis of the shooting death of *531 John Strong.”
People of Michigan v. Latoya Sharese Powels (Mich. Ct. App. 2019).
— Mich. Comp. Laws § 777.33(2)(a) — 22 cases
People v. Morson, 685 N.W.2d 203 (Mich. 2004). “31, and OV 3 assesses points for physical injury to a victim, MCL 777.33. This case concerns how these two variables are to be scored in cases involving multiple offenders.”
People v. Laidler, 817 N.W.2d 517 (Mich. 2012). “Because we conclude that the coperpetrator’s death constituted such a harm, we reverse in part the judgment of the Court of Appeals and reinstate defendant’s sentence.”
People v. Biddles, 896 N.W.2d 461 (Mich. Ct. App. 2016). “31, OV 3, MCL 777.33, OV 4, MCL 777.34, and OV 9, MCL 777.”
People v. Gloster, 880 N.W.2d 776 (Mich. 2016).
People v. Libbett, 650 N.W.2d 407 (Mich. Ct. App. 2002).
— Mich. Comp. Laws § 777.33(2)(b) — 46 cases
People v. Biddles, 896 N.W.2d 461 (Mich. Ct. App. 2016). “31, OV 3, MCL 777.33, OV 4, MCL 777.34, and OV 9, MCL 777.”
People v. Laidler, 817 N.W.2d 517 (Mich. 2012). “Because we conclude that the coperpetrator’s death constituted such a harm, we reverse in part the judgment of the Court of Appeals and reinstate defendant’s sentence.”
People v. Houston, 702 N.W.2d 530 (Mich. 2005). “§ 777.33. The defendant in this case was convicted of second-degree murder on the basis of the shooting death of *531 John Strong.”
People v. Portellos, 298 Mich. App. 431 (Mich. Ct. App. 2012).
People v. Underwood, 750 N.W.2d 612 (Mich. Ct. App. 2008).
— Mich. Comp. Laws § 777.33(2)(c) — 23 cases
People v. Houston, 702 N.W.2d 530 (Mich. 2005). “§ 777.33. The defendant in this case was convicted of second-degree murder on the basis of the shooting death of *531 John Strong.”
People v. Houston, 683 N.W.2d 192 (Mich. Ct. App. 2004).
People v. Portellos, 298 Mich. App. 431 (Mich. Ct. App. 2012).
People v. Houston, 683 N.W.2d 192 (Mich. Ct. App. 2004).
People v. Hauser, 657 N.W.2d 121 (Mich. 2003).
— Mich. Comp. Laws § 777.33(2)(d) — 13 cases
People v. Hardy; People v. Glenn, 494 Mich. 430 (Mich. 2013). “See OV 3, MCL 777.33; OV 6, MCL 777.36; OV 9, MCL 777.”
People v. Houston, 702 N.W.2d 530 (Mich. 2005). “§ 777.33. The defendant in this case was convicted of second-degree murder on the basis of the shooting death of *531 John Strong.”
People of Michigan v. Deon Jefferson Johnson (Mich. Ct. App. 2015).
People of Michigan v. Matthew John Scotton (Mich. Ct. App. 2015).
People of Michigan v. Donovan Wayne Fluhart (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 777.33(3) — 51 cases
People v. Cathey, 681 N.W.2d 661 (Mich. Ct. App. 2004). “§ 777.33, and [2] whether the rule of People v.”
People v. Armstrong, 851 N.W.2d 856 (Mich. Ct. App. 2014). “Because the trial court’s error changes Armstrong’s sentencing range, he is entitled to resentencing. *249 249 We affirm Armstrong’s conviction, but vacate his sentence and remand for resentencing.”
People v. Gibbs, 299 Mich. App. 473 (Mich. Ct. App. 2013).
People v. Maben, 884 N.W.2d 314 (Mich. Ct. App. 2015).
People of Michigan v. Vernon Dean Richardson (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 777.33(a)(e) — 1 case
People of Michigan v. Joseph Charles Bushre (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 777.33(c) — 6 cases
People of Michigan v. Russell Humes (Mich. Ct. App. 2017).
People of Michigan v. Russell Humes (Mich. Ct. App. 2017).
People of Michigan v. Donald Ray Bebee II (Mich. Ct. App. 2018).
People of Michigan v. Joseph Dukes (Mich. Ct. App. 2019).
People of Michigan v. Sharnae Nicole Cook (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 777.33(d) — 3 cases
People of Michigan v. Derrick Alden Johnson (Mich. Ct. App. 2019).
People of Michigan v. Joseph Dukes (Mich. Ct. App. 2019).
People of Michigan v. Kirsta Beth Zahraie (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 777.33(e) — 2 cases
People of Michigan v. Derrick Alden Johnson (Mich. Ct. App. 2019).
People of Michigan v. Danny Ray Pennebaker (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 777.33(l)(a) — 5 cases
People v. Biddles, 896 N.W.2d 461 (Mich. Ct. App. 2016). “31, OV 3, MCL 777.33, OV 4, MCL 777.34, and OV 9, MCL 777.”
People v. Houston, 702 N.W.2d 530 (Mich. 2005). “§ 777.33. The defendant in this case was convicted of second-degree murder on the basis of the shooting death of *531 John Strong.”
People v. Laidler, 817 N.W.2d 517 (Mich. 2012). “Because we conclude that the coperpetrator’s death constituted such a harm, we reverse in part the judgment of the Court of Appeals and reinstate defendant’s sentence.”
People v. Laidler, 291 Mich. App. 199 (Mich. Ct. App. 2010).
People v. Brown, 692 N.W.2d 717 (Mich. Ct. App. 2005).
— Mich. Comp. Laws § 777.33(l)(b) — 1 case
People v. Houston, 702 N.W.2d 530 (Mich. 2005). “§ 777.33. The defendant in this case was convicted of second-degree murder on the basis of the shooting death of *531 John Strong.”
— Mich. Comp. Laws § 777.33(l)(c) — 11 cases
People v. Lockridge, 870 N.W.2d 502 (Mich. 2015). “3 MCL 777.33(1)(c). 4 MCL 777.35(1)(a). 5 MCL 777.”
People v. McCuller, 739 N.W.2d 563 (Mich. 2007). “MCL 777.33. Defendant made no admissions at sentencing that supported the points attributed to these OV factors.”
People v. Houston, 702 N.W.2d 530 (Mich. 2005). “§ 777.33. The defendant in this case was convicted of second-degree murder on the basis of the shooting death of *531 John Strong.”
People v. Laidler, 817 N.W.2d 517 (Mich. 2012). “Because we conclude that the coperpetrator’s death constituted such a harm, we reverse in part the judgment of the Court of Appeals and reinstate defendant’s sentence.”
People v. Biddles, 896 N.W.2d 461 (Mich. Ct. App. 2016). “31, OV 3, MCL 777.33, OV 4, MCL 777.34, and OV 9, MCL 777.”
— Mich. Comp. Laws § 777.33(l)(d) — 7 cases
People v. Bosca, 871 N.W.2d 307 (Mich. Ct. App. 2015).
People v. Houston, 702 N.W.2d 530 (Mich. 2005). “§ 777.33. The defendant in this case was convicted of second-degree murder on the basis of the shooting death of *531 John Strong.”
People v. McCuller, 739 N.W.2d 563 (Mich. 2007). “MCL 777.33. Defendant made no admissions at sentencing that supported the points attributed to these OV factors.”
People v. Maben, 884 N.W.2d 314 (Mich. Ct. App. 2015).
People v. Laidler, 817 N.W.2d 517 (Mich. 2012). “Because we conclude that the coperpetrator’s death constituted such a harm, we reverse in part the judgment of the Court of Appeals and reinstate defendant’s sentence.”
— Mich. Comp. Laws § 777.33(l)(e) — 5 cases
People v. Houston, 702 N.W.2d 530 (Mich. 2005). “§ 777.33. The defendant in this case was convicted of second-degree murder on the basis of the shooting death of *531 John Strong.”
People v. Armstrong, 851 N.W.2d 856 (Mich. Ct. App. 2014). “Because the trial court’s error changes Armstrong’s sentencing range, he is entitled to resentencing. *249 249 We affirm Armstrong’s conviction, but vacate his sentence and remand for resentencing.”
People v. Apgar, 690 N.W.2d 312 (Mich. Ct. App. 2005).
People v. Endres, 711 N.W.2d 398 (Mich. Ct. App. 2006).
People v. Minier, 705 N.W.2d 687 (Mich. 2005).
— Mich. Comp. Laws § 777.33(l)(f) — 2 cases
People v. Houston, 702 N.W.2d 530 (Mich. 2005). “§ 777.33. The defendant in this case was convicted of second-degree murder on the basis of the shooting death of *531 John Strong.”
People v. Brown, 692 N.W.2d 717 (Mich. Ct. App. 2005).
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.