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Originally Posted On: https://thebossattorney.com/resources/michigan-criminal-code/assault-or-assault-and-battery/
THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.84 Assault with intent to do great bodily harm less than murder; assault by strangulation or suffocation; “strangulation or suffocation” defined; other violation out of same conduct. Sec. 84.
(1) A person who does either of the following is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both: (a) Assaults another person with intent to do great bodily harm, less than the crime of murder. (b) Assaults another person by strangulation or suffocation. (2) As used in this section, “strangulation or suffocation” means intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person. (3) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same conduct as the violation of this section.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;– CL 1948, 750.84 ;– Am. 2012, Act 367, Eff. Apr. 1, 2013 Former Law: See section 1 of Act 71 of 1883, being How., § 9122a; CL 1897, § 11505; CL 1915, § 15227; and CL 1929, § 16746.
Understanding Assault with Intent to Do Great Bodily Harm Less Than Murder in Michigan: Section 750.84 of the Michigan Penal Code Simplified
Section 750.84 of the Michigan Penal Code outlines the laws and penalties for assault with the intent to cause significant bodily harm, less than murder, and assault by strangulation or suffocation. Here’s a simplified explanation of this section:
Assault with Intent to Do Great Bodily Harm, Less Than Murder & Assault by Strangulation or Suffocation: Anyone who either assaults another person with the intention of causing severe bodily harm (less severe than murder), or assaults another person by strangulation or suffocation, is guilty of a felony.
Penalties: This felony is punishable by imprisonment for a maximum of 10 years, a fine of up to $5,000, or both.
Definition of Strangulation or Suffocation: Strangulation or suffocation refers to intentionally impeding normal breathing or the circulation of blood by applying pressure to the throat or neck, or blocking the nose or mouth of another person.
Other Violations: This section does not prevent a person from being charged with, convicted of, or punished for any other violation of law that arises from the same conduct as the violation of this section.
The Importance of Understanding Section 750.84
Understanding this law is crucial because it sets the legal framework for penalizing violent actions intended to cause severe bodily harm, even if those actions do not result in death. It emphasizes the severity of such acts and their corresponding punishments under Michigan law. Moreover, the specific inclusion of strangulation or suffocation within this law underscores the severity of these forms of assault.
