Assault with Intent to Commit Murder Criminal Defense Lawyer in Michigan

Ensuring Your Voice is Heard

Prain Law, PLLC, headed by attorney Brian J. Prain, is a Michigan criminal defense firm with one goal in mind: defending those accused of Michigan Assault charges, including Assault With Intent to Commit Murder (also referred to as just "Assault With Intent to Murder" or "AWIM" for short). At Prain Law, PLLC, we often hear the question “What is Assault With Intent to Murder in Michigan?”

Short of an actual Murder or Manslaughter charge, Assault With Intent to Murder charges are about as serious as it gets in Michigan. The Michigan Assault With Intent to Commit Murder law, MCL 750.83, states:

"Any person who shall assault another with intent to commit the crime of murder shall be guilty of a felony, punishable by imprisonment in the state prison for life or any number of years."

At an AWIM trial, the Prosecution must prove an assault including all of the following beyond a reasonable doubt:

First, you tried to physically injure another person.

Second, when you committed the Assault, you had the ability to cause an injury, or at least believed you had the ability.

Third, you had the specific intent to KILL the person, and the circumstances did not legally excuse or reduce the crime (i.e. Self-Defense). It is NOT enough to show you merely intended to cause great bodily harm (the standard for Assault With Intent to do Great Bodily Harm in Michigan), or a wanton and willful disregard of the likelihood the natural tendency of an action is to cause death or great bodily harm (the Standard for Second Degree Murder in Michigan).

Perhaps the most important thing for you to understand is in order to be guilty of Assault With Intent to Murder in Michigan, the other person DOES NOT need to be killed, injured, or even touched at all! The typical Michigan AWIM charge involves the accused allegedly shooting a firearm at the alleged victim and missing or hitting them and not killing them.

In the definition of Assault With Intent to Murder in Michigan, what does “Assault” mean?

An Assault in Michigan can be either of two things:

a) an unsuccessful attempt to commit a battery (i.e. a swing and a miss); or

b) any act which would cause a reasonable person to fear or apprehend an immediate battery (i.e. a fake slap to make someone flinch, but without actually touching them).

CLICK HERE for the definition of Battery in Michigan.

Will they add Felony Firearm to my Assault With Intent to Murder charge? Will I get 2 years in Prison?

Since Assault With Intent to Commit Murder is such a serious criminal charge in Michigan, if the incident allegedly involves any type of Firearm, you will almost certainly be charged with Felony Firearm as well. The Michigan Felony Firearm law, MCL 750.227b, is actually called "Carrying or Possessing Firearm When Committing or Attempting to Commit Felony." The Michigan Felony Firearm law states:

"A person who carries or has in his or her possession a firearm when he or she commits or attempts to commit a felony, except a violation of section 223, section 227, 227a or 230, is guilty of a felony and shall be imprisoned for 2 years. Upon a second conviction under this section, the person shall be imprisoned for 5 years. Upon a third or subsequent conviction under this subsection, the person shall be imprisoned for 10 years."

A conviction for Felony Firearm means MANDATORY 2 years in State Prison in addition to any time served on other charges - Sentencing Guidelines don't even apply, and even if the Judge wanted to give you a lighter Sentence, they cannot. The worst part is you don't even have to be convicted of the AWIM to be convicted of the Felony Firearm and get the mandatory 2 years. You'll need the best legal representation you can get to avoid this tragic possibility.