MCL § 750.83 – Assault with intent to commit murder

Code Details

Exact Statute Text

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750.83 Assault with intent to commit murder.

Sec. 83.

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.

MCL § 750.83 Summary

This Michigan statute, specifically MCL § 750.83, defines and penalizes the serious crime of assaulting another individual with the specific aim of committing murder. It states that anyone who performs an assault on another person while intending to kill them is guilty of a felony. The potential penalty for such a conviction is severe, ranging from imprisonment in a state prison for life to a sentence for any specified number of years, reflecting the gravity of the offense. The core elements of this offense are an assault (an unlawful attempt or threat to inflict violent injury upon another) combined with the explicit intention to cause the death of the victim.

Purpose of MCL § 750.83

The legislative intent behind this particular Michigan law is primarily to protect the public from individuals who pose a significant threat to human life. It aims to deter and severely punish those who demonstrate a clear and malicious intent to take another person’s life, even if their attempt does not result in the victim’s death. This statute addresses a critical gap where an individual has acted decisively with murderous intent but failed to complete the act of murder itself. By criminalizing the assault coupled with this specific intent, the law seeks to hold such individuals accountable for their dangerous actions and intentions, ensuring public safety and upholding the sanctity of life. It recognizes that the intent to murder, combined with an overt act, is a highly culpable offense deserving of substantial penalties.

Real-World Example of MCL § 750.83

Consider a scenario where John and Mark are involved in a heated argument at a bar. As the dispute escalates, John retrieves a pistol from his waistband, points it directly at Mark’s chest, and fires. Although John intended to kill Mark, the bullet narrowly misses Mark, striking a wall behind him, or perhaps only grazing his arm. In this situation, even though Mark was not fatally wounded, John could be charged under MCL § 750.83. The prosecution would need to prove two key elements: first, that John committed an assault (firing the gun at Mark); and second, that John had the specific intent to kill Mark when he fired the weapon. If convicted, John would face the severe felony penalties outlined in the statute, despite Mark’s survival.

Related Statutes

Several other Michigan statutes are often related to or referenced alongside MCL § 750.83 due to their nature concerning assaultive crimes and homicides:

• MCL § 750.316 & MCL § 750.317 – First and Second-Degree Murder: These statutes define the completed crimes of murder, distinguishing between premeditated and deliberate killings (first-degree) and other intentional killings or killings resulting from actions creating a very high risk of death (second-degree). Assault with intent to commit murder is an attempted form of these offenses where the victim survives.
• MCL § 750.84 – Assault with intent to do great bodily harm less than murder: This statute addresses a lesser, though still serious, form of assault where the perpetrator intends to cause severe injury, but not necessarily death. It is often considered a lesser-included offense or an alternative charge to assault with intent to commit murder, depending on the specific intent proven.
• MCL § 750.82 – Felonious Assault: This statute covers assaults committed with a dangerous weapon, or without a weapon but with intent to commit a felony. While it is a serious felony, it does not require the specific intent to murder or to cause great bodily harm, making it a less severe charge than MCL § 750.83.
• MCL § 750.92 – Attempts: This general statute covers attempts to commit any offense punishable by imprisonment in the state prison, where no express provision is made for the punishment of such attempt. While MCL § 750.83 specifically addresses “assault with intent to commit murder,” the general attempt statute can apply to other attempted crimes.

Case Law Interpreting MCL § 750.83

Michigan courts have frequently interpreted MCL § 750.83, primarily focusing on the critical element of “intent to commit murder.” Establishing this specific intent is paramount for a conviction, as mere intent to inflict serious injury is insufficient. Key cases clarify that the intent to kill can be inferred from the nature of the assault, the type of weapon used, the circumstances surrounding the attack, and the severity of the injuries inflicted, even if the victim survives.

For example, the Michigan Supreme Court case of *People v. Lugo*, 214 Mich. App. 699 (1996), provides significant guidance on inferring intent in these types of assault cases. This case and others emphasize that while intent is difficult to prove directly, it can be established circumstantially through evidence that demonstrates the defendant acted with a mind bent on causing death.

To explore further case law interpreting this specific statute, you can review search results on Google Scholar for “Michigan People v. Lugo MCL 750.83”.

Why MCL § 750.83 Matters in Personal Injury Litigation

Although MCL § 750.83 is a criminal statute, its implications can significantly impact personal injury litigation in Michigan. When an individual is a victim of an assault with intent to commit murder, they often suffer severe physical and psychological injuries.

Firstly, a criminal conviction under this section provides a strong foundation for a civil personal injury lawsuit. The victim (plaintiff) can leverage the criminal findings to establish liability in a civil case for intentional torts such as battery, assault, and intentional infliction of emotional distress. In some instances, a criminal conviction can lead to collateral estoppel, preventing the defendant from relitigating the issue of intent in the civil case, thereby streamlining the plaintiff’s ability to prove liability.

Secondly, the severity of the crime typically correlates with significant damages. Victims often incur substantial medical expenses, including emergency care, surgeries, long-term rehabilitation, and mental health therapy. They may also suffer lost wages, diminished earning capacity, severe pain and suffering, disfigurement, and emotional trauma. These damages are all recoverable in a civil personal injury action.

Thirdly, while intentional acts are often excluded from standard liability insurance policies, leaving victims to pursue assets directly from the perpetrator, a conviction under MCL § 750.83 unequivocally establishes the defendant’s malicious intent. This can influence jury perception in a civil trial, potentially leading to higher damage awards for the victim. It may also open avenues for victim compensation funds or other state resources designed to assist victims of violent crimes.

Finally, if the victim eventually succumbs to the injuries sustained from such an assault, the civil claim could transition into a wrongful death lawsuit, allowing the victim’s family to seek compensation for their losses, including funeral expenses, loss of financial support, and loss of companionship. Understanding the criminal statute is crucial for personal injury attorneys to effectively represent clients who have been victims of such egregious acts.