Michigan Criminal Law: Assaultive Crimes; Assault With Intent to Commit Murder
Allegations involving acts of violence of varying degrees are prevalent in the criminal justice system. Assault with Intent to commit Murder shares the same elements of an Assault or Assault and Battery charge and the prosecutor must also prove that the party assaulted “another with intent to commit the crime of murder.” MCL 750.83.
This charge is considered a “capitol offense,” meaning the maximum penalties are “punishable by imprisonment in the state prison for life or any number of years.” MCL 750.83.
As the Model Jury Instruction explains, a prosecutor must prove:
(1) The defendant is charged with the crime of assault with intent to murder. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant tried to physically injure another person.
(3) Second, that when the defendant committed the assault, [he / she] had the ability to cause an injury, or at least believed that [he / she] had the ability.
(4) Third, that the defendant intended to kill the person [he / she] assaulted [, and the circumstances did not legally excuse or reduce the crime] .*
M. Crim. JI. 17.3.
This charge is considered to be a “specific intent” offense as well, meaning the prosecutor needs to prove additional inferences about a person’s intent in order to obtain a conviction. M. Crim. JI. 17.3
Our experienced trial attorneys fight hard for our Michigan clients. We represent clients statewide. For a free initial consultation, feel free to contact us at (517) 507-5077.
For information on Assault Causing Great Bodily Harm, click here.
For information on Felonious Assault, click here.
For information on Domestic Assault & Battery, click here.
For information on Interference with an Electronic Communications Device, click here.
For information on Assault and Battery (Misdemeanor), click here.
For information on Assault by Strangulation, click here.
Anyone charged, of course, is presumed innocent. The prosecutor would need to prove the elements of the offense beyond a reasonable doubt if the matter proceeded to trial. Simply because a person is charged does not mean that ultimately, they will be convicted.
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. Circumstances may vary significantly. If you need specific legal advice, please privately consult with a lawyer.
If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public’s expense. You have a right to counsel.