Michigan Compiled Laws
Mich. Comp. Laws § 750.88 (2026)
Assault with intent to rob and steal; unarmed.
✓ current as of July 2026
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THE MICHIGAN PENAL CODE
Act 328 of 1931
750.88 Assault with intent to rob and steal; unarmed.
Sec. 88.
Assault with intent to rob and steal being unarmed—Any person, not being armed with a dangerous weapon, who shall assault another with force and violence, and with intent to rob and steal, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 15 years.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.88
FormerLaw Notes:
See section 18 of Ch. 153 of R.S. 1846, being CL 1857, § 5728; CL 1871, § 7527; How., § 9092; CL 1897, § 11487; CL 1915, § 15209; and CL 1929, § 16725.
Notes of Decisions
Cited in 60
cases (4 in the last 5 years), 1966–2022 · leading case: People v. Sanford, 265 N.W.2d 1 (Mich. 1978).
People v. Sanford, 265 N.W.2d 1 (Mich. 1978). “Defendants were convicted of assault with intent to rob not armed, MCLA 750.88; MSA 28.283 which carries a 15-year maximum sentence, and sentenced to 2 to 15 years imprisonment.”
People v. Joeseype Johnson, 284 N.W.2d 718 (Mich. 1979). “assault with intent to rob and steal being unarmed, 1931 PA 328 ; MCL 750.88; MSA 28.283 9. assault with intent to rob and steal being armed, 1931 PA 328 , as amended by 1939 PA 94 ; MCL 750.”
People v. Ford, 331 N.W.2d 878 (Mich. 1987). “798 requires either an assault or force and violence, the two statutes prohibit different crimes.”
People v. Ford, 687 N.W.2d 119 (Mich. Ct. App. 2004). “89; and assault with intent to rob while unarmed, MCL 750.88. "When construing a statute, the court must presume *128 that every word has some meaning and should avoid any construction that would render any part of the statute surplusage or nugatory.”
People v. Jackson, 769 N.W.2d 630 (Mich. 2009). “2 MCL 750.88. 3 MCL 750.540. 4 As a condition to receiving both trial and appellate counsel, defendant was required to sign forms provided by the county that acknowledged defendant’s obligation to reimburse the county for the cost of his court-appointed attorneys and the…”
People v. Jaffray, 519 N.W.2d 108 (Mich. 1994). “[12] MCL 750.88; MSA 28.283. [13] MCL 750.520g(1); MSA 28.”
People v. Reeves, 580 N.W.2d 433 (Mich. 1998). “[MCL 750.88; MSA 28.283.] In Michigan, the penalty for and constituent elements of aggravated assaults such as awir-u are codified, but the definition of assault is left to the common law.”
Gerald Warren v. David Smith, 161 F.3d 358 (6th Cir. 1999). “2 *360 Petitioner was apprehended at the scene and convicted following a jury trial in 1987 on two counts of assault with intent to commit murder, in violation of Mich. Comp. Laws § 750.83 , breaking and entering with intent to commit a felony, in violation of Mich.”
People v. Long, 633 N.W.2d 843 (Mich. Ct. App. 2001). “72, assault with intent to rob while *584 unarmed, MCL 750.88, and unlawfully driving away an automobile (udaa), MCL 750.”
People v. Wesley, 365 N.W.2d 692 (Mich. 1985). “520b; MSA 28.788(2) and third-degree criminal sexual conduct (15 years), MCL 750.”
People v. Kenneth Johnson, 373 N.W.2d 263 (Mich. Ct. App. 1985). “798, and assault with intent to commit unarmed robbery, MCL 750.88; MSA 28.283. Defendant was acquitted on an additional charge of assault with intent to commit murder, MCL 750.”
Taylor v. McKee, 649 F.3d 446 (6th Cir. 2011). “316 , assault with intent to rob while armed in violation of Mich. Comp. Laws § 750.89 , assault with intent to murder in violation of Mich.”
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