MCL § 750.89 – Assault with intent to commit felony (other)
Table of Contents
Code Details
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
Exact Statute Text
Click to view the complete statute text
750.89 Assault with intent to rob and steal; armed.
Sec. 89.
Assault with intent to rob and steal being armed—Any person, being armed with a dangerous weapon, or any article used or fashioned in a manner to lead a person so assaulted reasonably to believe it to be a dangerous weapon, who shall assault another with intent to rob and steal shall be guilty of a felony, punishable by imprisonment in the state prison for life, or for any term of years.
MCL § 750.89 Summary
This Michigan statute outlines the serious criminal offense of assaulting another individual with the specific intent to commit a robbery and theft, while being armed. The key components of the offense include:
1. Assault: An attempted battery or an act that places another in reasonable apprehension of an immediate battery.
2. Intent to Rob and Steal: The perpetrator must have the clear purpose of unlawfully taking property from the victim.
3. Being Armed: The perpetrator must possess a “dangerous weapon” or an object presented in such a way that the victim reasonably believes it to be a dangerous weapon. This includes actual weapons like firearms or knives, or even fake weapons or other objects used to simulate a weapon.
The statute classifies this crime as a felony and carries severe penalties, potentially including life imprisonment or a substantial term of years in state prison, reflecting the gravity of an armed assault with intent to commit theft.
Purpose of MCL § 750.89
The legislative intent behind this particular Michigan law is multifaceted, primarily aimed at protecting the public from violent crime and deterring individuals from engaging in armed assaults with felonious intent. This statute specifically targets the preparatory acts leading up to an armed robbery, recognizing the inherent danger and terror inflicted upon victims during such encounters. By making the *intent* to rob and steal while armed a severe felony, even if the robbery itself isn’t completed, the law seeks to:
- Prevent Harm: Intervene before an actual armed robbery culminates, potentially saving victims from severe physical injury, psychological trauma, or even death.
- Deter Criminal Activity: Impose harsh penalties to discourage individuals from planning or attempting armed robberies.
- Punish Aggression: Hold accountable those who initiate violent acts with the intent to deprive others of their property through force or intimidation.
- Uphold Public Safety: Reassure citizens that the state takes serious measures to address and punish dangerous criminal behavior.
This law underscores the Michigan legislature’s commitment to aggressively prosecute violent crimes that threaten the safety and security of its residents.
Real-World Example of MCL § 750.89
Imagine a scenario where a person, “David,” enters a small convenience store late at night. David approaches the counter, pulls out a realistic-looking plastic toy gun, and points it at the clerk, “Emily.” He demands that Emily open the cash register and hand over all the money. Startled and believing the toy gun is real, Emily hesitates. Before she can comply or refuse, another customer enters the store, startling David, who then flees without taking any money.
In this situation, David could be charged under MCL § 750.89. Even though he did not actually take any money (the “stealing” aspect of the robbery was not completed), he:
1. Assaulted Emily by pointing what she reasonably believed to be a dangerous weapon at her and demanding money.
2. Had the intent to rob and steal the money from the register.
3. Was “armed” with an article (the toy gun) fashioned in a manner that led Emily to reasonably believe it to be a dangerous weapon.
This example clearly illustrates how the statute applies to the *attempted* felony of armed robbery, where the intent and armed assault are present, even if the full crime is not consummated.
Related Statutes
While MCL § 750.89 specifically addresses assault with intent to rob and steal while armed, several other Michigan statutes are closely related or commonly referenced in conjunction with it:
- MCL § 750.529 – Armed Robbery: This statute defines the completed crime of armed robbery, which occurs when a person, using a dangerous weapon or an article fashioned to appear as one, assaults another and feloniously robs, steals, and takes property from them. MCL § 750.89 is essentially the “attempt” to commit the crime defined by MCL § 750.529.
- MCL § 750.530 – Robbery; unarmed: This defines unarmed robbery, where the assault and theft occur without the use of a dangerous weapon.
- MCL § 750.92 – Attempt to commit crime: This is Michigan’s general attempt statute, which provides for the punishment of individuals who attempt to commit any crime punishable by imprisonment but fail in the perpetration thereof. While MCL § 750.89 is a specific attempt statute, MCL § 750.92 applies more broadly to other attempted crimes.
- MCL § 750.81 – Assault and battery: This covers simple assault (an attempted battery or an act that places another in reasonable apprehension of an immediate battery) and battery (an unlawful touching). MCL § 750.89 is a much more severe form of assault due to the intent and armed component.
- MCL § 750.82 – Felonious assault: This statute prohibits assault with a dangerous weapon without the intent to commit murder or to inflict great bodily harm less than murder. While it involves a dangerous weapon, it lacks the specific intent to rob and steal that distinguishes MCL § 750.89.
Case Law Interpreting MCL § 750.89
Michigan courts have frequently interpreted MCL § 750.89 to clarify its elements and application. Here are a couple of notable cases:
- In People v. Johnson, 215 Mich.App. 658, 547 N.W.2d 316 (1996), the Michigan Court of Appeals discussed the elements required for conviction under this statute, emphasizing the specific intent to rob or steal, and the requirement that the defendant be armed or present an object reasonably believed to be a weapon.
- The Michigan Court of Appeals also addressed the application of the statute in People v. Pace, 102 Mich. App. 522, 302 N.W.2d 216 (1980), where it further clarified what constitutes being “armed” under the statute and the nature of the specific intent required.
These cases, among others, provide important guidance for prosecutors, defense attorneys, and judges on the nuanced interpretation and enforcement of MCL § 750.89.
Why MCL § 750.89 Matters in Personal Injury Litigation
While MCL § 750.89 is a criminal statute, its implications extend significantly into Michigan personal injury litigation. When a person is charged and convicted under this statute, it often means a victim has suffered substantial harm, creating grounds for a civil lawsuit.
- Basis for Civil Claims: A violation of this law typically involves an intentional tort, such as assault, battery, and potentially false imprisonment. Victims (plaintiffs) who are subjected to an armed assault with intent to rob and steal can pursue civil damages against the perpetrator.
- Establishing Liability: A criminal conviction under MCL § 750.89 can be powerful evidence in a subsequent civil personal injury case. In some instances, depending on the specific facts and prior rulings, it may even lead to findings of liability through doctrines like collateral estoppel, preventing the defendant from relitigating facts already established in the criminal trial. Even if not a direct estoppel, a conviction provides compelling proof that the defendant engaged in the tortious conduct alleged.
- Types of Damages: Victims of such assaults often incur significant damages, including:
* Medical Expenses: For physical injuries sustained during the assault.
* Lost Wages/Earning Capacity: Due to recovery time or long-term disability.
* Pain and Suffering: For physical discomfort and emotional distress.
* Emotional and Psychological Trauma: Including PTSD, anxiety, and depression, which can require extensive therapy.
* Punitive Damages: In cases of egregious conduct, courts may award punitive damages to punish the defendant and deter similar behavior.
- Plaintiff Strategy: Personal injury attorneys representing victims would strategically use evidence from the criminal proceedings related to MCL § 750.89 to build a strong civil case. They would focus on proving the defendant’s intentional and harmful actions, establishing causation for the victim’s injuries, and quantifying the full extent of the damages.
- Defense Arguments: For defendants, even if convicted criminally, defense attorneys in civil cases might argue over the extent of the damages or contest certain factual nuances not definitively decided in the criminal trial, especially if the victim’s injuries or losses are exaggerated.
In essence, MCL § 750.89 underpins the legal framework that allows victims of armed assault and attempted robbery to seek justice and financial recovery for the devastating harm inflicted upon them, making it a critical statute for both criminal justice and civil personal injury practitioners.