Section 750.83 - Michigan Legislature
750.83 Assault with intent to commit murder
Assault with intent to commit murder is a felony in the state of Michigan. Any individual who assaults another person and who intends to murder or kill that person will be found guilty of a felony offense. The punishment for assault with intent to commit murder includes a prison sentence of any number of years to life.
Specific elements must be proven by the prosecutor in order for a defendant to be found guilty of assault with intent to commit murder. These elements include:
- The defendant attempted to physically injure another individual.
- The defendant possessed the ability to inflict injury or at least believe he/she could cause injury upon committing the assault.
- The defendant intended to kill the individual he/she assaulted. Circumstances must not reduce or legally excuse the crime.
According to Michigan sentencing guidelines, assault with intent to commit murder is a Class A felony and carries a maximum penalty of life in prison. A conviction for assault with intent to commit murder in Michigan will leave the convicted individual facing any number of years to life in state prison.
In addition to serving prison time, defendants convicted of assault with intent to commit murder may also face substantial fines. Individuals who are convicted will also have a permanent criminal record, which will impact employment and other aspects of their lives.
There are several crimes that are related to Assault with Intent to Commit Murder. These include:
Felonious Assault and Assault with Intent to do Great Bodily Harm Less than Murder are felonies. Aggravated Assault is a misdemeanor.
Experience and Success:
There are a number of winning defense strategies a defense attorney may use to help prove your innocence. Additionally, the sentence and perceived severity of the crime could be reduced based on mitigating factors and the events that led up to the assault. In some circumstances, defendants may want to pursue an appeal of a conviction or sentence, or seek post-conviction relief.
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
Act 328 of 1931
Assault with intent to commit murder—Any person who shall assault another with intent to commit the crime of murder, shall be guilty of a felony, punishable by imprisonment in the state prison for life or any number of years.