581The defendant appealed, arguing that the insurance company was not a “victim” entitled to restitution under the Crime Victim’s Rights Act.582The court of appeals affirmed.583Although the investigator was a salaried employee and would have been paid the same amount even if the defendant had not committed the fraud, the court found the insurance company “lost the time-value of” the forty-four hours the investigator had to spend in the fraud investigation.584It was the loss of time, the court noted, that was a direct financial harm to the insurance company585Thus, the trial court did not err in ordering the restitution.586XII. DOUBLE JEOPARDYA. Differing Elements of the Offense In People v. Strickland, the defendant was convicted of breaking into the home of an elderly couple and assaulting the husband.587The husband had “armed himself with a gun,” and the defendant tried to take it away from him.588The gun went off three times, and the homeowner was shot in the hand.589He was charged with first-degree home invasion,590assault with intent to do great bodily harm less than murder,591felon in possession of a firearm,592felonious assault,593and 579.Id. at 280 580.Allen, 295 Mich. App. at 280. 581.Id.582.Id.at 281-82 (citing MICH. COMP. LAWS ANN. § 780.766(1)-(2) (West 2012)). 583.Id.at 283. 584.Id.585.Id.586.Allen, 295 Mich. App. at 283. 587. People v. Strickland, 293 Mich. App. 393, 396; 810 N.W.2d 660 (2011), appeal denied, 490 Mich. 1002; 807 N.W.2d 321 (2012). 588.Id.589.Id.590. MICH. COMP. LAWS ANN. § 750.110a(2) (West 2012). 591. MICH. COMP. LAWS ANN. § 750.84 (West 2012). 592. MICH. COMP. LAWS ANN. § 750.224f (West 2012).
642 THE WAYNE LAW REVIEW [Vol. 58: 593 possession of a firearm during the commission of a felony.594He was sentenced as a fourth-degree habitual offender to 320 months to sixty years in prison for the first-degree home invasion, concurrent to the sentences for the other offenses.595On appeal, he argued that his dual convictions for both assault with intent to do great bodily harm less than murder and felonious assault violate double jeopardy.596The court of appeals rejected defendant’s argument and affirmed his convictions.597The court pointed out that the Michigan Supreme Court addressed this issue in People v. Stawther,598and found that convictions for both offenses do not violate double jeopardy because the two offenses have different elements.599The elements of assault with intent to do great bodily harm less than murder are: (1) an attempt or threat with force or violence to do corporal harm to another, i.e., an assault, and (2) an intent to do great bodily harm less than murder.600The felonious assault statute provides: (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.