Under MCL 750.83, what is necessary for an assault with intent to commit murder?

Assault with intent to commit murder under MCL 750.83 focuses primarily on the perpetrator's intent and capability to cause serious harm or death. For a conviction of this crime, it is essential that the accused not only intends to kill but also possesses the belief that they have the ability to carry out that intent.

This means that the perpetrator must show intent to engage in violent behavior that could lead to death or serious injury, coupled with a belief that they are capable of inflicting such harm. This belief can be based on factors such as the presence of a weapon, prior physical confrontations, or other circumstances that establish a reasonable perception of capability.

In contrast, fear of immediate harm or defense against an imminent threat illustrates situations pertaining to self-defense or reasonable apprehension, which are not central to establishing assault with intent to commit murder. Physical provocation by the victim can influence the context surrounding an incident, but does not define the offense itself.

Therefore, the correct understanding of what is necessary for an assault with intent to commit murder lies in the belief that the perpetrator can successfully execute their intent to kill.