Q: Is felony code 750.84 a first degree felony?
There is no such felony or statute in Florida. It is a felony in Michigan though:
"750.84 Assault with intent to do great bodily harm less than murder; assault by strangulation or suffocation; "strangulation or suffocation" defined; other violation out of same conduct.
(1) A person who does either of the following is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both:
(a) Assaults another person with intent to do great bodily harm, less than the crime of murder.
(b) Assaults another person by strangulation or suffocation.
(2) As used in this section, "strangulation or suffocation" means intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.
(3) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same conduct as the violation of this section."
This question has been posted for Florida attorneys to respond, however there is no section 750.84 in Florida Statutes.
The most relevant law I found is under Michigan Code Section 750.84: Assault with intent to do great bodily harm less than murder; assault by strangulation or suffocation; penalties; violations of law arising out of the same conduct. It is a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both.
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