MCL § 750.87 – Assault with intent to commit felony (unarmed)
Table of Contents
Code Details
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
Exact Statute Text
Click to view the complete statute text
750.87 Assault with intent to commit felony not otherwise punished.
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
MCL § 750.87 Summary
This Michigan statute outlines the crime of assault with the intent to commit a felony, specifically for cases where the punishment for such an assault isn’t already detailed elsewhere in the Michigan Penal Code. It applies to individuals who commit an assault on another person while simultaneously intending to carry out a felony, such as burglary or any other serious crime. This law serves as a catch-all provision for specific-intent assaults that don’t fit into other, more specific assault statutes like assault with intent to murder or assault with intent to do great bodily harm. The statute defines the act as a felony, carrying a maximum penalty of 10 years in state prison or a fine of up to $5,000.
Purpose of MCL § 750.87
The legislative intent behind this particular Michigan law is to address and punish preparatory criminal acts that pose a significant threat to public safety. By making it a felony to assault someone with the intent to commit another serious crime, the statute aims to deter individuals from escalating criminal behavior. It targets the specific mental state—the intent to commit a felony—combined with the physical act of an assault, recognizing that such a combination is highly dangerous. This provision ensures that even if the underlying felony (like burglary) is not completed, the assailant can still be prosecuted for their dangerous actions and intentions, thereby protecting potential victims and maintaining order within the community. It acts as a safety net, ensuring no serious intentional assault falls through the cracks of the criminal justice system simply because a more specific statute doesn’t apply.
Real-World Example of MCL § 750.87
Imagine a scenario where John, intending to steal valuables from a home, attempts to force open a window. As he’s doing so, the homeowner, Sarah, confronts him. John, wanting to get inside and complete his theft, pushes Sarah to the ground, causing her to stumble and scrape her knee, and then attempts to resume forcing the window. In this instance, John has committed an assault (pushing Sarah) with the clear intent to commit a felony (burglary). Even if he doesn’t successfully enter the home or steal anything, his actions of assaulting Sarah with the specific purpose of facilitating his burglary attempt would likely fall under MCL § 750.87. He physically harmed her with the intent to commit a separate serious crime, making his actions punishable under this statute.
Related Statutes
Several other Michigan statutes are related to or often referenced alongside MCL § 750.87, as they deal with various forms of assault, intent, or the underlying felonies it often accompanies:
- MCL § 750.81 – Assault or Assault and Battery: This is Michigan’s general assault and battery statute, covering simple assaults without specific intent to commit another felony. It is a lesser offense compared to MCL § 750.87.
- MCL § 750.83 – Assault with intent to commit murder: This is a more severe specific intent assault, where the intent is specifically to kill. If the intent in an assault is to murder, this statute applies instead of MCL § 750.87.
- MCL § 750.84 – Assault with intent to do great bodily harm less than murder: Similar to the above, this statute applies when the intent of the assault is to inflict serious injury short of murder. Again, if this specific intent is present, this statute would supersede MCL § 750.87.
- MCL § 750.110 – Breaking and Entering (Burglary): Since MCL § 750.87 specifically mentions “burglary,” the actual crime of breaking and entering with intent to commit a felony (burglary) is directly related. A charge under MCL § 750.87 might arise if an assault occurs during an attempted or actual burglary.
- MCL § 750.92 – Attempt to commit crime: This general attempt statute covers situations where a person intends to commit a crime and takes an overt act towards its commission but fails to complete it. While MCL § 750.87 is a more specific “attempt” (an assault with intent), the general attempt statute provides context for the concept of incomplete crimes.
Case Law Interpreting MCL § 750.87
Interpretation of this Michigan statute often focuses on proving the specific intent required. Courts have emphasized that for a conviction under MCL § 750.87, the prosecution must demonstrate both the assault and the defendant’s specific intent to commit an enumerated or other felony.
One significant case addressing the elements of this offense is *People v. Young, 212 Mich. App. 237, 536 N.W.2d 864 (1995)*. In this case, the Michigan Court of Appeals clarified that the elements required for a conviction include an assault, and an intent to commit any felony the punishment of which is not otherwise prescribed. The court reiterated that the specific intent must be proven beyond a reasonable doubt and can be inferred from the circumstances surrounding the assault. For further details on this interpretation, you can review the case law by searching for People v. Young MCL 750.87.
Why MCL § 750.87 Matters in Personal Injury Litigation
Understanding MCL § 750.87 is critical in Michigan personal injury litigation, especially when dealing with cases involving intentional torts or criminal acts. When an individual is subjected to an “assault with intent to commit a felony,” they are not only a victim of a crime but also likely a victim of an intentional civil wrong.
For plaintiffs, a criminal conviction under this statute can provide powerful evidence in a civil personal injury claim. Such a conviction often serves as strong proof of the defendant’s intentional and wrongful conduct, which is a key element in establishing liability for intentional torts like civil assault and battery. This can significantly streamline the liability aspect of a personal injury case, allowing the plaintiff to focus on damages. Furthermore, the intentional nature of the act, as established by MCL § 750.87, may open the door for plaintiffs to seek not only compensatory damages (medical expenses, lost wages, pain and suffering) but also punitive or exemplary damages, which are intended to punish the wrongdoer for egregious behavior.
For defense attorneys, understanding the specific intent requirement of MCL § 750.87 can be crucial. If the defendant can argue that the intent to commit a felony was absent, even if an assault occurred, it could influence both criminal and civil outcomes. In civil cases, a lack of criminal intent, or a lesser degree of intent, might mitigate claims for punitive damages or even reduce the severity of the civil battery claim. Additionally, this statute can be relevant in premises liability cases, where a property owner’s negligence might be argued if they failed to provide adequate security, leading to an assault with intent to commit a felony on their property. This statute highlights how criminal conduct directly translates into civil liability for victims seeking justice and compensation for their injuries.