THE MICHIGAN PENAL CODE
Act 328 of 1931
750.529 Use or possession of dangerous weapon; aggravated assault; penalty.
Sec. 529.
(1) A person who engages in conduct proscribed under section 530 and who in the course of engaging in that conduct does any of the following is guilty of armed robbery:
(a) Possesses a dangerous weapon.
(b) Possesses an article used or fashioned in a manner that would cause a reasonable person to believe the article is a dangerous weapon.
(c) Represents orally or otherwise that he or she possesses a dangerous weapon.
(2) A person who violates this section is guilty of a felony punishable by imprisonment for life or for any term of years.
(3) If a violation of this section results in an aggravated assault of or serious injury to any other person, the person must be sentenced to a minimum term of imprisonment of not less than 2 years.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.529 ;-- Am. 1959, Act 71, Eff. Mar. 19, 1960 ;-- Am. 2004, Act 128, Eff. July 1, 2004 ;-- Am. 2020, Act 313, Eff. Mar. 29, 2021
Constitutionality Notes:
A defendant's convictions of both armed robbery and the lesser included offenses of larceny of property with a value over $100 and of larceny in a building cannot be allowed to stand as a violation of the defendant's protection against double jeopardy. People v Jankowski, 408 Mich 79; 289 NW2d 674 (1980).
In People v Wilder, 411 Mich 328; 308 NW2d 112 (1981), the Michigan supreme court held that conviction and sentence for both first-degree felony murder and the underlying felony of armed robbery violates the state constitutional prohibition against double jeopardy.
FormerLaw Notes:
See section 15 of Ch. 153 of R.S. 1846, being CL 1857, § 5725; CL 1871, § 7524; How., § 9089; CL 1897, § 11484; CL 1915, § 15206; CL 1929, § 16722; and Act 374 of 1927.
Notes of Decisions
Cited in
2,572
cases (
353 in the last 5 years), 1951–2026 · leading case:
People v. Williams, 814 N.W.2d 270 (Mich. 2012).
People v. Williams, 814 N.W.2d 270 (Mich. 2012).
· cites it 28× “1 MCL 750.529. 2 MCL 750.89. 2 After advising defendant of his options and constitutional rights, the circuit court established a factual basis for the plea relating to the incident that occurred at the tobacco shop.”
People v. Williams, 792 N.W.2d 384 (Mich. Ct. App. 2010).
· cites it 29× “MCL 750.529. The trial court sentenced defendant, as a fourth-offense habitual offender, MCL 769.”
People v. Morson, 685 N.W.2d 203 (Mich. 2004).
· cites it 16× “In this case, the sentencing issues presented arise out of defendant's armed robbery conviction, MCL 750.529. Under the guidelines, armed robbery is categorized as a crime against a person.”
People v. Hardy; People v. Glenn, 494 Mich. 430 (Mich. 2013).
· cites it 7× “was convicted in the Jackson Circuit Court following his pleas of guilty to armed robbery, MCL 750.529, and felonious assault, MCL 750.”
People v. Chambers, 742 N.W.2d 610 (Mich. Ct. App. 2007).
· cites it 9× “Following a jury trial, defendant was convicted of armed robbery, MCL 750.529, and assault with a dangerous weapon, i.”
People v. Jolly, 502 N.W.2d 177 (Mich. 1993).
· cites it 16× “Jolly was charged with armed robbery, MCL 750.529; MSA 28.797, and of being *462 an habitual offender, [1] MCL 760.”
People v. Smith, 733 N.W.2d 351 (Mich. 2007).
· cites it 6× “Defendant appealed, asserting that his convictions for both first-degree felony murder and armed *353 robbery violate the Double Jeopardy Clause of the Michigan Constitution, Const.”
People v. Wakeford, 341 N.W.2d 68 (Mich. 1983).
· cites it 10× “C The dispositive question is whether the Legislature intended that two convictions might result under MCL 750.529; MSA 28.797 under the circumstances presented in this case.”
Wayne Cnty. Prosecutor v. Recorder's Court Judge, 280 N.W.2d 793 (Mich. 1979).
· cites it 8× “He received a five- to ten-year sentence upon conviction for armed robbery, MCL 750.529; MSA 28.797, and a two-year consecutive sentence upon conviction of the felony-firearm provision.”
People v. Ford, 687 N.W.2d 119 (Mich. Ct. App. 2004).
· cites it 8× “A jury convicted defendant, as charged, of armed robbery, MCL 750.529; bank, safe, or vault robbery, MCL 750.”
People v. Henry, 889 N.W.2d 1 (Mich. Ct. App. 2016).
· cites it 3× “Defendant appeals as of right from his jury trial conviction of armed robbery, MCL 750.529, for which he was sentenced as a fourth-offense ha *133 bitual offender, MCL 769.”
People v. Harding, 506 N.W.2d 482 (Mich. 2006).
· cites it 6× “MCL 750.529; MSA 28.797. [19] Because statutory felony murder based on the predicate crime of armed robbery carries with it a greater penalty than the predicate crime, we hold that the Legislature did not intend to impose punishments for both crimes, even under the facts of this…”
— Mich. Comp. Laws § 750.529(1) — 9 cases
— Mich. Comp. Laws § 750.529(1)(a) — 4 cases
— Mich. Comp. Laws § 750.529(1)(b) — 1 case
— Mich. Comp. Laws § 750.529(1)(c) — 1 case
— Mich. Comp. Laws § 750.529(2) — 8 cases
People v. Williams, 814 N.W.2d 270 (Mich. 2012).
“1 MCL 750.529. 2 MCL 750.89. 2 After advising defendant of his options and constitutional rights, the circuit court established a factual basis for the plea relating to the incident that occurred at the tobacco shop.”
— Mich. Comp. Laws § 750.529(3) — 2 cases
— Mich. Comp. Laws § 750.529(c) — 1 case
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