MCL § 750.82 – Felonious assault
Table of Contents
Code Details
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
Exact Statute Text
Click to view the complete statute text
Sec. 82.(1) Except as otherwise provided in this subsection or subsection (2), a person who assaults another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both. If the victim of a violation under this subsection is a health professional or medical volunteer and the violation occurs while the victim is performing the victim’s duties as a health professional or medical volunteer, the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both. The enhanced fine under this subsection does not apply if the defendant is a patient who is receiving treatment from the victim.
(2) A person who violates subsection (1) in a weapon free school zone is guilty of a felony punishable by 1 or more of the following:
(a) Imprisonment for not more than 4 years.
(b) Community service for not more than 150 hours.
(c) A fine of not more than $6,000.00.
(3) The operator of a health facility or agency or a hospital or psychiatric hospital shall post a sign in the health facility or agency or hospital or psychiatric hospital in a prominent and visible location that provides that a person, other than a patient receiving treatment, who assaults a health professional or medical volunteer in violation of this section is subject to the enhanced fine as provided for in this section and that a patient receiving treatment who assaults a health professional or medical volunteer may still be subject to prosecution under this section.
(4) As used in this section:
(a) “Health facility or agency” means a health facility or agency licensed under article 17 of the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.
(b) “Health professional” means an individual who is employed or granted privileges by or under contract with a hospital or psychiatric hospital, health facility or agency, health system, or health care provider, whether operated by a governmental unit or a private entity, and whose duties within the scope of that employment, privilege, or contract involve the provision of direct patient care and require licensure, registration, certification, or other regulation or authorization under the public health code, 1978 PA 368, MCL 333.1101 to 333.25211, or who is providing indirect patient care under the direction of a hospital or psychiatric hospital, health facility or agency, health system, or health care provider.
(c) “Hospital or psychiatric hospital” means a hospital or psychiatric hospital licensed under the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106.
(d) “Medical volunteer” means an individual who is volunteering at a hospital or psychiatric hospital, health facility or agency, in a health system, or with a health care provider, whether operated by a governmental unit or a private entity, and whose duties as a volunteer involve the provision of direct patient care, or who is providing indirect patient care under the direction of a hospital or psychiatric hospital, health facility or agency, health system, or health care provider.
(e) “School” means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12.
(f) “School property” means a building, playing field, or property used for school purposes to impart instruction to children or used for functions and events sponsored by a school, except a building used primarily for adult education or college extension courses.
(g) “Weapon free school zone” means school property and a vehicle used by a school to transport students to or from school property.
MCL § 750.82 Summary
Michigan Compiled Law (MCL) § 750.82, commonly known as felonious assault, defines and penalizes the act of assaulting another person with a dangerous weapon. A key element is that the assailant does not intend to commit murder or inflict “great bodily harm less than murder.” This means the intent is to assault, but not to cause the most severe types of injury or death. The law lists examples of dangerous weapons, including guns, knives, iron bars, clubs, and brass knuckles, but also includes the broader category of “other dangerous weapon.” Felonious assault is a felony offense.
The statute also outlines enhanced penalties under specific circumstances:
- Assault on a Health Professional or Medical Volunteer: If the victim is a health professional or medical volunteer performing their duties, the fine increases (from $2,000 to $4,000). This enhanced fine does not apply if the defendant is a patient receiving treatment from the victim. Health facilities are required to post signs informing the public of these enhanced penalties.
- Assault in a Weapon Free School Zone: If the assault occurs in a weapon free school zone (which includes school property and vehicles), the penalties can include imprisonment, community service, and a higher fine (up to $6,000). The statute provides specific definitions for “health facility or agency,” “health professional,” “hospital or psychiatric hospital,” “medical volunteer,” “school,” “school property,” and “weapon free school zone” to clarify these terms.
Purpose of MCL § 750.82
The legislative intent behind this particular Michigan law is to deter violent acts involving weapons and to provide a criminal charge for assaults that are more serious than simple assault but fall short of attempted murder or assault with intent to do great bodily harm. The statute specifically targets individuals who use dangerous instruments in an assaultive manner, recognizing the increased risk of severe injury or death when a weapon is involved, even if the intent to cause the most extreme harm is not present.
Furthermore, Michigan lawmakers recognized the need for additional protections for certain vulnerable populations and locations. The enhanced penalties for assaulting health professionals and medical volunteers aim to protect those on the front lines of healthcare, acknowledging the vital services they provide and the potential dangers they face in their workplaces. Similarly, the provisions concerning weapon-free school zones emphasize the state’s commitment to ensuring the safety of educational environments for students and staff, seeking to prevent weapon-related violence in these critical community spaces.
Real-World Example of MCL § 750.82
Imagine a scenario where John and Mike are arguing outside a bar. The argument escalates, and John, feeling threatened, pulls out a small pocket knife from his belt. He doesn’t intend to kill Mike or cause him life-threatening injuries, but he slashes Mike’s arm, causing a non-fatal but deep cut. John immediately regrets his action and drops the knife.
In this instance, John could be charged with felonious assault under MCL § 750.82. He assaulted Mike using a “knife,” which is explicitly listed as a dangerous weapon. Critically, he did so “without intending to commit murder or to inflict great bodily harm less than murder.” His intent was to hurt or intimidate Mike with the weapon, resulting in injury, but not to take his life or cause permanent disfigurement or grave injury beyond what occurred. Because this assault did not occur in a weapon-free school zone or target a medical professional in their duties, the general penalties would apply.
Related Statutes
Several Michigan statutes are closely associated with or provide context for felonious assault, including:
- MCL § 750.81 – Assault and battery: This is Michigan’s general assault and battery statute, covering less severe assaults without the use of a dangerous weapon or specific intent for serious harm. It defines simple assault as an attempt to commit a battery or an unlawful act that places another in reasonable apprehension of receiving an immediate battery. Felonious assault differentiates itself by requiring the use of a dangerous weapon.
- MCL § 750.84 – Assault with intent to do great bodily harm less than murder: This statute describes a more severe form of assault than felonious assault. The key distinction lies in the intent: MCL § 750.84 requires the intent to inflict “great bodily harm less than the crime of murder,” which refers to serious, nearly fatal injuries. Felonious assault (MCL § 750.82) specifically excludes this level of intent, serving as an intermediate offense between simple assault and assault with intent to murder or inflict grievous harm.
- MCL § 750.83 – Assault with intent to commit murder: This is the most serious assault offense, requiring a specific intent to kill. Felonious assault is explicitly defined as occurring “without intending to commit murder,” distinguishing it from this more severe charge.
Case Law Interpreting MCL § 750.82
Courts frequently interpret the elements of Michigan’s felonious assault statute. A foundational case is *People v. Gipe*, which provides guidance on the elements required for a conviction. In *People v. Gipe*, the court emphasized that felonious assault requires: (1) an assault, (2) with a dangerous weapon, and (3) an intent to injure or place the victim in reasonable apprehension of an immediate battery, but (4) without the intent to commit murder or great bodily harm less than murder. Other cases have further elaborated on what constitutes a “dangerous weapon” and the necessary intent. For instance, objects not inherently dangerous can become so based on how they are used, if they are wielded in a manner capable of causing serious injury or death.
Why MCL § 750.82 Matters in Personal Injury Litigation
While Michigan’s felonious assault statute is a criminal law, its existence has significant implications for personal injury litigation, particularly in cases where a victim has suffered harm due to an intentional act of violence. When an individual is criminally charged and convicted under MCL § 750.82, this conviction can serve as powerful evidence in a subsequent civil lawsuit brought by the victim.
For plaintiffs, a criminal conviction for felonious assault can establish key facts needed for a civil claim, such as battery or intentional infliction of emotional distress. The criminal finding that the defendant committed an assault with a dangerous weapon, without specific intent for murder or great bodily harm, helps prove the elements of an intentional tort. This can streamline the civil case, potentially leading to easier demonstration of liability and allowing the victim to focus on proving the extent of their damages, which can include medical expenses, lost wages, pain and suffering, and emotional distress.
For defense attorneys, understanding the specifics of MCL § 750.82 is crucial. While a criminal conviction might establish liability, the defense in a civil personal injury case may still challenge the extent of damages or argue comparative fault if applicable. Additionally, if the criminal case resulted in an acquittal or a lesser charge, this could influence the civil proceedings, though the burden of proof is lower in civil court (“preponderance of the evidence” vs. “beyond a reasonable doubt” in criminal court).
Furthermore, this statute is relevant in premises liability cases. If an assault with a dangerous weapon occurs on another’s property (e.g., a business, apartment complex), victims might pursue claims against the property owner for negligent security if the assault was foreseeable and preventable. The fact that the assault involved a dangerous weapon (felonious assault) underscores the seriousness of the incident and can impact arguments about the duty of care owed by the property owner to protect against such violent acts. Ultimately, MCL § 750.82 provides a legal framework that informs both criminal prosecution and civil recourse for victims of armed assaults in Michigan.