Careers

Experiences

Industries

Offices

Our Firm

Pages

Our People

Updates

Practices

Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

In <em><a href="http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20150505_C318145_92_318145.OPN.PDF" target="_blank" rel="noreferrer noopener">People v. McChester</a></em>, No 318145, the Michigan Court of Appeals held that under Offense Variable 4, for psychological injury to a victim, points may only be assessed where a preponderance of the evidence supports the proposition that the victim suffered serious psychological injury.

contentpilot/introduction

The defendant pled nolo contender to unarmed robbery, MCL 750.530, stemming from the robbery of a gas station. During the robbery, the defendant made gestures that suggested that he had a gun, although he did not, and said “I really don’t wanna pull this trigger on you so empty the register.” The police report noted that the cashier was “visibly shaken,” but the record reflected no other report of psychological harm to the victim. Attempts to contact the victim after the crime were unsuccessful, so she did not give a victim impact statement or otherwise provide testimony suggesting that she suffered serious psychological harm.

core/paragraph

Judge Gleicher filed a <a href="http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20150505_C318145_93_318145C.OPN.PDF" target="_blank" rel="noreferrer noopener">concurrence</a> to provide a more comprehensive explanation of how to apply OV 4.  According to the concurrence, in order for points to be assessed under OV 4, “a preponderance of record evidence must substantiate that the victim sustained a psychological injury beyond the initial emotional trauma precipitated by the crime which is both so serious and of such duration that the victim likely requires psychological treatment.”

Partner

Madelaine C. Lane

Labor and Employment

COA holds that points under OV 4 must be supported by evidence of psychological harm to victim

Warner Norcross + Judd LLP is responsible for the contents of our advertising and this website. Please read our full <a href="/privacy-policy/" aria-label="see privacy policy">privacy policy</a> available on our website. If you have any questions or comments about our website or our Privacy Policy please contact us at <a href="mailto:info@wnj.com">info@wnj.com</a> or 616.752.2000. 

COA holds that points under OV 4 must be supported by evidence of psychological harm to victim

professionals