Attempted murder in Michigan is a felony punishable by up to life in prison, and the state prosecutes it under one of two separate statutes depending on how the attempt was carried out. Both carry the same maximum sentence. Neither carries a mandatory minimum for the base offense, which means the judge has wide discretion, and the specific facts of the case drive the outcome more than the charge label does.
The Two Statutes Michigan Uses
There is no single attempted murder law in Michigan. Prosecutors choose between two charges based on the method used.
Assault with intent to murder, under MCL 750.83, applies when someone physically assaults another person with the specific intent to kill. Shootings, stabbings, and beatings aimed at causing death fall here. The penalty is imprisonment for life or any term of years.1Michigan Legislature. Michigan Compiled Laws 750.83 – Assault With Intent to Commit Murder
Attempted murder under MCL 750.91 covers attempts to kill by other means: poisoning, drowning, strangling, or any method that is not a direct assault. Slipping something into a drink or setting a trap falls here. The penalty is also life or any term of years.2Michigan Legislature. Michigan Compiled Laws 750.91 – Attempt to Murder
The elements the prosecution must prove at trial differ, even though the maximum sentence does not. MCL 750.83 requires proof of an actual assault, meaning a direct physical act against the victim. MCL 750.91 captures attempts that fall outside that definition.
What the Prosecution Has to Prove
For assault with intent to murder, prosecutors must establish three things: that the defendant committed an assault, that the defendant had an actual intent to kill, and that the act would have been murder if the victim had died, meaning the killing would have been unlawful and unjustified.
For attempted murder under MCL 750.91, prosecutors must show the defendant took a direct action toward killing by means other than assault, with the specific intent to cause death.
In both charges, intent is the hardest element and the one most cases turn on. The intent must be a deliberate decision to end a life. That is what separates attempted murder from lesser charges like assault with intent to do great bodily harm. Firing a gun at someone’s head looks very different, as evidence of intent, from throwing a punch during an argument, even when both leave the victim seriously hurt.
Because defendants rarely announce their plans, the prosecution usually builds the intent case out of circumstantial evidence: the weapon used, where blows or shots were aimed, statements made before or after the incident, and the severity of the injuries.
What the Sentence Actually Looks Like
The statutory maximum is life or any term of years, with no mandatory minimum for the base charge. Judges work from Michigan’s sentencing guidelines, which recommend a minimum sentence range based on the defendant’s prior record and the seriousness of the offense (injury, weapon use, role in the crime, and other scored factors). Since 2015, those guidelines have been advisory rather than mandatory, so judges can depart from the range without needing to state substantial and compelling reasons, though they must still justify the sentence enough to allow appellate review.3Michigan Courts. Effect of Lockridge Under the guidelines’ scoring system, attempts of the most serious offenses (classes A through D) are scored as class E.4Michigan Courts. Sentencing Guidelines Manual
Parole on a Life Sentence
A life sentence for either charge is parolable. First-degree murder carries life without parole; attempted murder does not appear on the list of offenses that bar parole.5Michigan Legislature. Michigan Compiled Laws 791.234 – Prisoners Subject to Jurisdiction of Parole Board
For crimes committed on or after October 1, 1992, a prisoner serving a life sentence becomes eligible for parole consideration after 15 calendar years. For crimes committed before that date, eligibility starts at 10 calendar years.5Michigan Legislature. Michigan Compiled Laws 791.234 – Prisoners Subject to Jurisdiction of Parole Board Eligibility is not release. The parole board evaluates each case on its own, and many prisoners serve well beyond the minimum, if they are released at all.
Firearm and Habitual Offender Add-Ons
If the defendant possessed a firearm during the offense, Michigan’s felony firearm statute adds a mandatory consecutive prison term on top of the sentence for the underlying crime. A first conviction carries two years. A second carries five. That time is served before the attempted murder sentence begins, not alongside it.
Prior felonies raise the stakes further. A fourth-time habitual offender convicted of a serious violent felony faces a mandatory minimum of 25 years.6Michigan Courts. Sentencing Habitual Offenders Second and third habitual offender status can also push the maximum higher.
Defenses That Can Change the Outcome
No Specific Intent to Kill
Most attempted murder defenses live or die here. Because the prosecution has to prove the defendant specifically intended to kill, the defense can argue the conduct was reckless or meant to injure rather than kill. A fight that escalated past what the defendant planned, or a shot aimed to wound, may support a conviction for a lesser charge such as assault with intent to do great bodily harm, but not attempted murder. Defense attorneys point to where shots landed, the weapon chosen, and what the defendant said during and after the incident.
Self-Defense
Michigan’s Self-Defense Act allows the use of deadly force, with no duty to retreat, when a person honestly and reasonably believes it is necessary to prevent imminent death, great bodily harm, or sexual assault. The person using force cannot be committing a crime at the time.7Justia. Michigan Compiled Laws 780.972 – Use of Deadly Force by Individual Not Engaged in Commission of Crime “Reasonably” is the pressure point. A defendant whose fear was genuine but objectively unreasonable given the circumstances usually loses this defense. The jury evaluates reasonableness based on what the defendant knew at the moment they acted.
Voluntary Abandonment
A defendant who voluntarily abandoned the attempt before completing it may raise that as a defense. The abandonment has to be a genuine change of heart, not a retreat because police showed up or the plan got too hard. Walking away after spotting a security camera does not qualify. Setting a weapon down and calling for help because the defendant decided they could not go through with it is a stronger case. The defendant carries the burden of proving the abandonment was truly voluntary.
What Follows a Conviction
A conviction almost always includes a restitution order. Michigan law requires that at least 50% of any payments collected from the defendant go to victim restitution before fines and court costs.8Michigan Legislature. Michigan Compiled Laws 780.766a – Allocation and Priority of Payments Restitution can cover medical bills, lost wages, counseling, and other expenses tied to the crime.
The felony record itself carries lasting consequences. Federal law permanently bars anyone convicted of a felony from possessing firearms. Voting rights are lost during incarceration, though Michigan restores them on release. Non-citizens face potential deportation. Housing, employment, and professional licensing become harder, often for the rest of the person’s life. These effects can be as disruptive as the prison sentence that produced them.