OV 3

Criminal Law Update

People v Armstrong, 305 Mich App 230; 851 NW2d 856 (2014)(may’14). The COA held that bodily injury alone is insufficient evidence to score 10 points under OV 3. OV 3 concerns physical injury and injuries requiring medical treatment are scored at 10 points while injuries that do not require medical treatment are properly scored at 5 points. The complainant in this CSC case indicated that her hymen was reddened and tender from the assault, but never testified that she received any treatment. As such, scoring 10 points here for OV 3 was improper, and the COA remanded for resentencing.