Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931
Michigan Compiled Laws

Mich. Comp. Laws § 750.87 (2026)

Assault with intent to commit felony not otherwise punished.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.87 Assault with intent to commit felony not otherwise punished.

Sec. 87.

    Assault with intent to commit felony, not otherwise punished—Any person who shall assault another, with intent to commit any burglary, or any other felony, the punishment of which assault is not otherwise in this act prescribed, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years, or by fine of not more than 5,000 dollars.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.87

FormerLaw Notes:

    See section 28 of Ch. 153 of R.S. 1846, being CL 1857, § 5738; CL 1871, § 7537; How., § 9102; CL 1897, § 11497; CL 1915, § 15219; and CL 1929, § 16735.

Notes of Decisions
Cited in 21 cases (1 in the last 5 years), 1950–2023 · leading case: People v. Joeseype Johnson, 284 N.W.2d 718 (Mich. 1979).
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People v. Joeseype Johnson, 284 N.W.2d 718 (Mich. 1979). · cites it 2× “assault with intent to commit felony not otherwise punished, 1931 PA 328 ; MCL 750.87; MSA 28.282 8. assault with intent to rob and steal being unarmed, 1931 PA 328 ; MCL 750.”
People v. Avant, 597 N.W.2d 864 (Mich. Ct. App. 1999). “VI Finally, we note that the judgment of sentence incorrectly states that defendant was convicted of assault with intent to commit a felony not otherwise punished, MCL 750.87; MSA 28.282, rather than the actual conviction of felonious assault.”
Crampton v. 54-A Dist. Judge, 245 N.W.2d 28 (Mich. 1976). · cites it 2× “[17] MCLA 750.87; MSA 28.282. [18] The felony-murder statute MCLA 750.”
United States v. Robert Vederoff, 914 F.3d 1238 (9th Cir. 2019). “8 In 33 states, aggravated assault never includes assault with the intent to commit a felony.”
People v. Swinford, 389 N.W.2d 462 (Mich. Ct. App. 1986). · cites it 2× “Defendant was convicted following *511 a jury trial of assault with intent to commit criminal sexual conduct involving penetration, MCL 750.87; MSA 28.282, and first-degree criminal sexual conduct, MCL 750.”
People v. Strand, 539 N.W.2d 739 (Mich. Ct. App. 1995). · cites it 2× “Defendant first argues on appeal that his conviction of assault with intent to commit attempted kidnapping should be vacated because such a crime does not exist as a matter of law.”
People v. Williams, 435 N.W.2d 469 (Mich. Ct. App. 1989). “305, assault with intent to commit criminal sexual conduct, MCL 750.87; MSA 28.282, and possession of a firearm during the commission of a felony, MCL 750.”
United States v. Taylor, 301 F. App'x 508 (6th Cir. 2008). “Defendant does not dispute that he was charged as an adult with unarmed assault with intent to rob in violation of Mich. Comp. Laws § 750.87 , a felony with a maximum term of imprisonment of ten years, nor does he dispute that he was sentenced as an adult to eight months…”
People v. Emmerich, 437 N.W.2d 30 (Mich. Ct. App. 1989). “” *285 Defendant was initially charged with gross indecency, assault with intent to commit a felony, MCL 750.87; MSA 28.282, assault with intent to commit second-degree criminal sexual conduct, MCL 750.”
People v. Williams, 297 N.W.2d 702 (Mich. Ct. App. 1980). “Defendant was charged with felonious assault, MCL 750.87; MSA 28.282, and possession of a firearm in the commission of a felony, MCL 750.”
People v. Lipski, 43 N.W.2d 325 (Mich. 1950). · cites it 2× “The statute under which the information was drawn, CL 1948, § 750.87 (Stat Ann § 28.282) reads as follows: "Any person who shall assault another, with intent to commit any burglary, or any other felony, the punishment of which assault is not otherwise in this act prescribed,…”
People v. Charles Johnson, 233 N.W.2d 246 (Mich. Ct. App. 1975). “Defendant pled guilty to a charge of assault with intent to commit a felony, MCLA 750.87; MSA 28.282. He was sentenced to 5 to 10 years in prison, and he appeals raising one issue.”
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