MCL § 750.88 – Assault with intent to rob or steal (armed)

Code Details

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

Exact Statute Text

MCL § 750.88 Summary

This section of the Michigan Penal Code, MCL § 750.88, defines and penalizes the crime of assault with intent to rob and steal while *unarmed*. It is crucial to note that while the provided title for this article includes “(armed)”, the exact text of Michigan Compiled Laws § 750.88 specifically describes the offense committed when the perpetrator is *not* armed with a dangerous weapon.

Under this statute, an individual commits a felony if they:
1. Assault another person using force and violence, and
2. Do so with the intent to rob and steal, and
3. Are not armed with a dangerous weapon at the time of the assault.

The statute imposes a significant penalty for this offense, making it punishable by imprisonment in a state prison for a maximum term of 15 years. This law aims to address aggressive acts of attempted robbery where the perpetrator relies on physical force rather than a weapon to achieve their criminal objective.

Purpose of MCL § 750.88

The legislative purpose behind Michigan Compiled Laws § 750.88 is to deter and punish individuals who attempt to commit robbery through physical assault but without the use of a dangerous weapon. This statute acknowledges the serious nature of an assault with the specific intent to deprive another person of their property, even if no weapon is involved. By making such actions a felony, the law seeks to:

• Protect public safety: It aims to prevent violent interactions where individuals are targeted for their possessions.
• Punish criminal intent: The statute specifically targets the *intent to rob and steal*, recognizing that even an unsuccessful attempt to rob can be traumatizing and dangerous for the victim.
• Provide a clear legal framework: It distinguishes this particular offense from general assault or simple theft, addressing the specific hybrid nature of a violent, property-oriented crime.
• Deter potential offenders: The severe penalty of up to 15 years imprisonment serves as a strong deterrent against such acts.

This provision ensures that attempts to commit robbery using force and violence, even if unarmed, are met with appropriate legal consequences, safeguarding individuals and their property within Michigan.

Real-World Example of MCL § 750.88

Imagine a scenario in a busy Detroit neighborhood. A pedestrian, Sarah, is walking home late at night, carrying a purse. As she approaches her building, a man, Mark, suddenly lunges at her from an alley. He shoves her forcefully against a wall, trying to grab her purse. Sarah resists and screams, drawing the attention of a nearby resident. Mark, startled by the noise, quickly flees without successfully taking her purse.

In this instance, Mark could be charged under MCL § 750.88. He assaulted Sarah “with force and violence” (shoving her against the wall), and his actions clearly demonstrated an “intent to rob and steal” (trying to grab her purse). Crucially, he was “not armed with a dangerous weapon.” Despite not completing the robbery or being armed, his actions meet all the elements of assault with intent to rob and steal, unarmed, making him subject to the felony charges and potential imprisonment of up to 15 years under this Michigan law.

Related Statutes

When considering MCL § 750.88, several other Michigan statutes related to assault, robbery, and theft are often referenced or distinguished:

• MCL § 750.89 – Assault with intent to rob; armed: This statute directly complements MCL § 750.88. It addresses the exact same intent (to rob and steal) but involves the use of a dangerous weapon during the assault, carrying a much harsher maximum penalty of life imprisonment. This distinction highlights the legislative view that armed robbery attempts are significantly more dangerous.
• MCL § 750.530 – Robbery unarmed: This statute defines the completed crime of unarmed robbery, where the perpetrator, not being armed with a dangerous weapon, assaults another person and *actually takes* money or property from them. MCL § 750.88 focuses on the *attempt* with intent, whereas MCL § 750.530 addresses the successful completion of the act.
• MCL § 750.529 – Robbery armed: This is the most serious form of robbery, defining the completed crime where a person, while armed with a dangerous weapon (or an article used as a dangerous weapon), assaults another person and feloniously takes their property. Like MCL § 750.89, it carries a potential sentence of life imprisonment.
• MCL § 750.81 – Assault and battery: This is a more general assault statute. MCL § 750.88 is a specific form of assault, differentiated by the critical element of “intent to rob and steal.” A general assault charge would typically apply if there was no intent to take property.

Case Law Interpreting MCL § 750.88

Michigan courts have frequently interpreted MCL § 750.88 to clarify its elements and application. One significant case that discusses the elements of assault with intent to rob being unarmed is *People v. Maxson*.

In People v. Maxson, 2011 WL 2697841 (Mich. Ct. App. 2011), the Michigan Court of Appeals reiterated the elements required for a conviction under MCL § 750.88: (1) an assault with force and violence, (2) an intent to rob or steal, and (3) that the perpetrator was unarmed. The court often reviews the sufficiency of evidence to determine if a jury could reasonably infer the specific intent to rob or steal from the defendant’s actions and words during the assault. These rulings help lower courts and legal professionals understand how to prove or defend against charges under this statute.

Why MCL § 750.88 Matters in Personal Injury Litigation

While MCL § 750.88 is a criminal statute, its implications can significantly extend into the realm of personal injury litigation in Michigan. When an individual is subjected to an assault with intent to rob and steal (even if the perpetrator is unarmed), they often suffer both physical and psychological injuries that warrant civil compensation.

Here’s how this statute is relevant to personal injury cases:

• Establishing Liability: A conviction under MCL § 750.88 can serve as powerful evidence in a civil personal injury lawsuit. The criminal court’s finding that the defendant committed an assault with intent to rob and steal (unarmed) can help establish the perpetrator’s liability for intentional torts such as battery, assault, or intentional infliction of emotional distress. This can streamline the civil case, focusing the litigation on the extent of damages rather than the question of who committed the act.
• Nature of Injuries: Victims of such assaults frequently sustain bodily injuries (e.g., bruises, broken bones from being shoved or struck), medical expenses, lost wages due to recovery, and significant pain and suffering. Beyond physical harm, the trauma can lead to lasting psychological injuries like PTSD, anxiety, and depression, requiring extensive therapy.
• Damages Sought: In a personal injury claim, a plaintiff can seek various types of damages, including:

* Economic Damages: Past and future medical bills, lost income, loss of earning capacity.
* Non-Economic Damages: Pain and suffering, emotional distress, disfigurement, loss of enjoyment of life.
* Punitive Damages: While less common in Michigan, egregious conduct might sometimes open the door for enhanced damages.

• Victim’s Rights and Restitution: In Michigan, the Crime Victim’s Rights Act allows victims to seek restitution in the criminal case for economic losses. Any restitution ordered in the criminal case might reduce the amount recoverable in a subsequent civil lawsuit, but it does not preclude the victim from pursuing a civil claim for all uncompensated damages.
• Plaintiff Strategy: A personal injury attorney representing a victim of an assault with intent to rob would closely monitor the criminal proceedings. A successful criminal prosecution can strengthen the civil claim, providing a clear factual foundation for the alleged harm.
• Defense Arguments: For a defendant facing both criminal and civil charges, the outcome of the criminal case under MCL § 750.88 will critically impact their defense strategy in the personal injury lawsuit.

Ultimately, MCL § 750.88 underscores the potential for severe harm to victims of such crimes, creating a direct pathway for them to seek justice and compensation in the civil court system for the injuries they endured.