D.G. Moore is a Michigan criminal defense attorney with extensive experience representing individuals accused of violent felony offenses, including Assault with Intent to Commit Murder. This guide explains Michigan’s laws under MCL 750.83, covering legal definitions, penalties, defenses, and what to do if you are facing charges.
Section 750.83 Michigan Legislature – Assault with Intent to Commit Murder
Section 750.83 of the Michigan Compiled Laws defines Assault with Intent to Commit Murder as a felony where someone assaults another with the intent to kill them, punishable by imprisonment in the state prison for life or any number of years.
Understanding Assault with Intent to Commit Murder in Michigan
Under MCL 750.83, Assault with Intent to Commit Murder (AWIM) is one of the most serious felony offenses in Michigan. A conviction carries the possibility of life in prison.
Unlike simple assault or aggravated assault, AWIM involves an attack where the defendant intends to kill the victim. Prosecutors aggressively pursue these charges, making it crucial for defendants to understand their legal options.
What Is Assault with Intent to Commit Murder (AWIM)?
To convict a person of AWIM under MCL 750.83, the prosecution must prove three key elements beyond a reasonable doubt: Assaults, specifically ‘assault with intent to commit murder’, are serious felonies in Michigan. The legal definition and implications of such assaults require proving the necessary legal elements for a conviction, highlighting the severe penalties associated with these offenses.
1. An Assault Occurred
The prosecution must establish that the defendant attempted to physically harm another person. An actual physical injury is not required, but there must be an overt act that creates fear or danger. Threats alone are not enough unless accompanied by an act toward completing the assault.
The prosecution must provide specific evidence to secure a conviction, and the defendant must meet certain elements to be found guilty of AWIM.
2. The Defendant Had the Ability to Cause Harm
The prosecution must prove the defendant had the ability to cause injury or at least believed they could cause injury at the time of the assault. If a weapon was used, this factor becomes even more significant in sentencing.
3. The Defendant Intended to Kill the Victim
The most critical element is the intent to kill. The prosecution must prove beyond a reasonable doubt that the defendant’s intent was not merely to injure, scare, or defend themselves, but to cause the victim’s death. An individual will be deemed guilty if the prosecutor can prove the specific elements of the crime.
Full text of MCL 750.83 – Michigan Legislature
Legal Examples of Assault with Intent to Commit Murder in Michigan
Example 1: Shooting with Intent to Kill
A man fires a gun at another person, aiming for their head or chest. The victim survives, and the shooter is charged with AWIM because the act demonstrated an intent to kill.
Example 2: Knife Attack in a Domestic Dispute
During a heated domestic argument, one person stabs another multiple times in areas that could be fatal. This constitutes AWIM if the prosecution can prove intent to kill.
Example 3: Severe Beating with a Deadly Weapon
An individual violently beats another person with a bat while shouting that they will kill the victim. Because of the weapon and severe injuries, AWIM charges could apply.
Penalties for Assault with Intent to Commit Murder in Michigan
A conviction under MCL 750.83 carries severe legal consequences, including imprisonment. The penalties can include significant prison time in a state prison:
| Penalty | Details |
|---|---|
| Prison Sentence | Up to life in prison or any number of years. |
| Felony Classification | Class A Felony under Michigan law. |
| Fines | Substantial fines at the court’s discretion. |
| Permanent Criminal Record | A conviction results in a permanent felony record, impacting employment, housing, and firearm rights. |
| Parole Restrictions | If sentenced to life, parole eligibility is limited and requires extensive review. |
Michigan Sentencing Guidelines – Michigan Department of Corrections
Defenses Against AWIM Charges
A strong legal defense is essential when facing Assault with Intent to Commit Murder charges. Common defense strategies include:
1. Lack of Intent to Kill
For AWIM to apply, the prosecution must prove beyond a reasonable doubt that the defendant intended to commit murder. If the evidence suggests a different intent, such as self-defense or reckless behavior, the charge could be reduced or dismissed.
2. Self-Defense or Defense of Others
If the defendant reasonably believed they were in danger of being killed or seriously harmed, self-defense or defense of another person may apply.
3. Mistaken Identity or False Accusations
Eyewitness misidentification is one of the leading causes of wrongful convictions. If the defendant was misidentified or falsely accused, evidence such as alibi witnesses, security footage, or forensic evidence can help prove innocence.
4. Lack of Sufficient Evidence
The prosecution must prove every element of AWIM beyond a reasonable doubt. If the evidence is circumstantial, inconsistent, or weak, the defense can argue that reasonable doubt exists.
Understanding Your Rights – ACLU Guide
How an Experienced Michigan AWIM Defense Attorney Can Help
If you or a loved one has been accused of Assault with Intent to Commit Murder, you cannot afford to wait. A conviction could result in life in prison, permanent felony records, and loss of fundamental rights. With the right legal defense, these charges can often be challenged, reduced, or even dismissed.
At D.G. Moore Law, we have a proven track record of successfully defending clients against violent crime charges.
Call D.G. Moore Law at (269) 808-8007 to schedule a confidential consultation.
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Frequently Asked Questions (FAQs)
What Is the Sentence for Assault with Intent to Commit Murder in Michigan?
A conviction for AWIM carries a penalty of up to life in prison. The court has discretion in determining the length of the sentence based on the facts of the case.
Can AWIM Charges Be Reduced to a Lesser Offense?
Yes. Depending on the circumstances, AWIM charges can sometimes be reduced to Assault with Intent to Do Great Bodily Harm or Felonious Assault.
What Is the Difference Between AWIM and Attempted Murder?
AWIM requires an assault with intent to kill, while Attempted Murder requires the defendant to have taken a substantial step toward killing the victim. Both charges carry severe penalties.
What Should I Do If I Am Accused of AWIM?
- Do not speak to police without an attorney.
- Gather any supporting evidence (texts, emails, surveillance footage, or witness statements).
- Contact a Michigan criminal defense attorney immediately.
