Mich. Comp. Laws § 750.235

Maiming or injuring person by discharging firearm; intentionally aimed without malice; exception; "peace officer" defined.

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THE MICHIGAN PENAL CODE

Act 328 of 1931

750.235 Maiming or injuring person by discharging firearm; intentionally aimed without malice; exception; "peace officer" defined.

Sec. 235.

(1) A person who maims or injures another person by discharging a firearm pointed or aimed intentionally but without malice at another person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both.

(2) This section does not apply to a peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer. As used in this section, "peace officer" means that term as defined in section 215.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.235 ;-- Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005

FormerLaw Notes:

See section 3 of Act 68 of 1869, being CL 1871, § 7549; How., § 9112; CL 1897, § 11511; CL 1915, § 15234; and CL 1929, § 16778.

Notes of Decisions

Cited in 9 cases, 1977–2018 · leading case: Allstate Insurance v. Freeman

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Allstate Insurance v. Freeman (1989) mich · cites it 6× “MCL 750.235; MSA 28.432. [20] On July 13, 1984, a month prior to Alonda Freeman's conviction in the criminal case, Kelly filed a tort action for assault and battery against Marshall and Alonda Freeman for damages resulting from the February, 1984, shooting.”

Mich. Gun Owners, Inc. v. Ann Arbor Pub. Sch. (2018) mich “195 ; MCL 750.197 ; MCL 750.200 ; MCL 750.224 ; MCL 750.”

Allstate Insurance v. Freeman (1987) michctapp · cites it 2× “Alonda Freeman was ultimately convicted in a criminal case of discharge of a firearm intentionally but without malice, MCL 750.235; MSA 28.432. Marshall Freeman was not home at the time of the shooting, but in Kelly's amended complaint, she alleged that he was negligent in…”

People v. Taylor (1992) michctapp “436(21), and injuring by discharge of a firearm intentionally but without malice pointed at another, MCL 750.235; MSA 28.432. In People v Stephens, 416 Mich 252, 261-265 ; 330 NW2d 675 (1982), the Supreme Court decided that, when properly requested, a trial court should instruct…”

People v. Morton (1985) mich “…533 (1985). 3 See Missouri Rev Stat, § 559.225 (1976 Supp). 4 MCL 750.226; MSA 28.423. 5 MCL 750.227; MSA 28.424. 6 MCL 750.235; MSA 28.432.”

Petersen v. Heflin (1987) michctapp “431, MCL 750.235; MSA 28.432, MCL 752.861; MSA 28.”

People v. Doss (1977) michctapp · cites it 2× “[5] Since the magistrate reopened the preliminary examination on request of defense counsel even though he had already ruled affirmatively on the prosecutor's motion to bind over, the magistrate's findings of Monday, June 7, 1976, are disregarded and only those on Wednesday,…”

Rought v. Porter (1996) miwd · cites it 2× “Following this incident, William Porter was charged with the misdemeanor of discharge of a firearm causing injury without malice under Michigan Compiled Laws Section 750.235. He pled no contest to this offense on February 16, 1995, before Van Burén Circuit Court Judge William…”

People v. Hooper (1986) michctapp “430, discharge of a firearm without malice causing injury, MCL 750.235; MSA 28.432, felonious assault, MCL 750.”

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