THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.82 Felonious assault; violation of subsection (1) in weapon free school zone; definitions. Sec. 82.

(1) Except as provided in subsection (2), a person who assaults another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both. (2) A person who violates subsection (1) in a weapon free school zone is guilty of a felony punishable by 1 or more of the following: (a) Imprisonment for not more than 4 years. (b) Community service for not more than 150 hours. (c) A fine of not more than $6,000.00. (3) As used in this section: (a) "School" means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12. (b) "School property" means a building, playing field, or property used for school purposes to impart instruction to children or used for functions and events sponsored by a school, except a building used primarily for adult education or college extension courses. (c) "Weapon free school zone" means school property and a vehicle used by a school to transport students to or from school property.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.82 ;-- Am. 1994, Act 158, Eff. Aug. 15, 1994 Former Law: See section 1 of Act 232 of 1913, being CL 1915, § 15228; CL 1929, § 16747; and Act 241 of 1915.

Understanding Felonious Assault in Michigan: Section 750.82 of the Michigan Penal Code Simplified

Section 750.82 of the Michigan Penal Code explains the penalties for committing felonious assault. A felonious assault is an attack on another person using a dangerous weapon, without the intent to commit murder or cause great bodily harm less than murder. The rules differ if the assault occurs within a weapon-free school zone. Here is a simplified explanation:

1. Basic Felonious Assault: If a person assaults another person with a dangerous weapon like a gun, revolver, pistol, knife, iron bar, club, or brass knuckles without intending to commit murder or inflict great bodily harm less than murder, they are guilty of a felony. This is punishable by imprisonment for up to 4 years, a fine of up to $2,000, or both.
2. Felonious Assault in a Weapon Free School Zone: If a person commits the above violation within a weapon-free school zone, they are guilty of a felony. This can be punishable by one or more of the following: imprisonment for up to 4 years, community service for up to 150 hours, or a fine of up to $6,000.
3. Definitions: In this section, a "school" refers to any public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12. "School property" refers to any building, playing field, or property used for school purposes to impart instruction to children or used for school-sponsored functions and events, except buildings primarily used for adult education or college extension courses. A "weapon free school zone" refers to school property and vehicles used by a school to transport students to or from school property.

The Importance of Understanding Section 750.82

This section of the penal code is designed to deter attacks with dangerous weapons and provide harsher punishments for those who commit these assaults in school zones. Understanding these provisions can help individuals understand the severity of such actions and the significant consequences that come with them.