750.84 Assault with intent to do great bodily harm less than murder; assault by strangulation or suffocation; "strangulation or suffocation" defined; other violation out of same conduct.
750.86 Assault with intent to maim.
750.87 Assault with intent to commit felony not otherwise punished
In the state of Michigan, assault with intent charges is considered very serious. Assault with intent to do great bodily harm less than murder, assault with intent to maim, and assault with intent to commit a felony are all class D felony offenses, which means each is punishable by up to 10 years in state prison.
Penal code 750.84 describes assault with intent to do great bodily harm less than murder as any offense in which one individual assaults another with the intention of seriously harming that person, including suffocation and strangulation in which the intended victim's breathing or blood circulation are impeded.
Penal code 750.86, assault with intent to maim, describes an offense in which someone intentionally "maims" another, or in other words puts out an eye, the cutting out or off of the tongue or ear, slitting or otherwise mutilating the lips, nose, or other organ/limb of a person. Assault with intent charges may give the impression that the intended victim was seriously injured; it is not always the case. In fact, the word "intent" is key in prosecuting those accused of assault with intent crimes, as a person may be charged and even convicted even though he or she never touched or laid a hand on the alleged victim.
Penal code 750.87 assault with intent to commit felony not otherwise punished may refer to assault with intent to commit armed or unarmed robbery, sexual penetration, home invasion, or other felony offense. Again, the word "assault" is used in Michigan law to describe what may be simply an unsuccessful attempt to touch another person or make an individual believe you will touch them in a way that is offensive or harmful, regardless of whether you actually touch them.
Assault with intent crimes leave those who are convicted facing substantial fines and long prison terms.
Individuals, who are convicted of assault with intent to commit great bodily harm less than murder, assault with intent to maim, or assault with intent to commit a felony face serious criminal penalties, which may include fines and prison time depending on the facts of a specific case. All of theses offenses will leave a defendant facing a maximum of 10 years in prison, fines of up to $5,000, or both.
Anyone who is convicted of a serious or violent crime in the state of Michigan will have a permanent criminal record which will impact various areas of his or her life including employment, securing a loan or financing, and more. Individuals convicted of assault with intent to commit a felony when the felony is sexual penetration will be required to register as a sex offender on the Michigan Public Sex Offender Registry.
There are three other crimes related to the assault with intent offenses described above. These include:
750.83 Assault with intent to commit murder
750.88 Assault with intent to commit unarmed robbery
750.89 Assault with intent to commit armed robbery
Assault with intent to murder is a Class A felony, the most serious of all in Michigan. Assault with intent to commit armed robbery is also a Class A felony; assault with intent to commit unarmed robbery is a Class C felony offense.
Grabel & Associates has vast experience defending serious and violent crimes, including Assault with Intent to Commit Great Bodily Harm Less than Murder, and has also successfully obtained dismissals and acquittals, and having clients' convictions overturned on appeal in many cases.
There are a number of effective defense strategies, which may be effective in defending clients charged with assault with intent to commit great bodily harm less than murder. Some of these include that the defendant acted in self defense or defense of others, lack of intent, accident, or false accusations. Individuals who have been convicted of assault with intent crimes may wish to appeal a sentence or conviction, or seek post-conviction relief.
Sec. 84.
(1) A person who does either of the following is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both:
(a) Assaults another person with intent to do great bodily harm, less than the crime of murder.
(b) Assaults another person by strangulation or suffocation.
(2) As used in this section, "strangulation or suffocation" means intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.
(3) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same conduct as the violation of this section.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.84 ;-- Am. 2012, Act 367, Eff. Apr. 1, 2013
Former Law: See section 1 of Act 71 of 1883, being How., § 9122a; CL 1897, § 11505; CL 1915, § 15227; and CL 1929, § 16746.
Sec. 86.
Assault with intent to maim—Any person who shall assault another with intent to maim or disfigure his person by cutting out or maiming the tongue, putting out or destroying an eye, cutting or tearing off an ear, cutting or slitting or mutilating the nose or lips or cutting off or disabling a limb, organ or member, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years or by fine of not more than 5,000 dollars.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.86
Former Law: See sections 11 and 12 of Ch. 153 of R.S. 1846, being CL 1857, §§ 5721 and 5722; CL 1871, §§ 7520 and 7521; How., §§ 9085 and 9086; CL 1897, §§ 11480 and 11481; CL 1915, §§ 15202 and 15203; and CL 1929, §§ 16718 and 16719.
Sec. 87.
Assault with intent to commit felony, not otherwise punished—Any person who shall assault another, with intent to commit any burglary, or any other felony, the punishment of which assault is not otherwise in this act prescribed, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years, or by fine of not more than 5,000 dollars.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.87
Former Law: See section 28 of Ch. 153 of R.S. 1846, being CL 1857, § 5738; CL 1871, § 7537; How., § 9102; CL 1897, § 11497; CL 1915, § 15219; and CL 1929, § 16735.