First Degree Aggravated Assault - / Local / Crime / Clarksville man charged with first-degree murder pleads guilty to aggravated assault
CLARKSVILLE, TN (CLARKSVILLE NOW) - As part of a plea deal, a Clarksville man charged with first-degree murder and multiple other crimes has pleaded guilty to a lesser charge of aggravated assault resulting in death.
First Degree Aggravated Assault
Eric Tyreese Davis Jr. was arrested on multiple warrants in 2019 and then charged with first-degree murder after 2019. October 22 of the shooting that left 31-year-old Ontario Marbury dead.
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According to court records, during the April 14 At a hearing in Judge William Goodman's court, Davis agreed to a 15-year sentence with 75% but not less than 60%. He has approximately 2 1/2 years of credit for time served.
While the state's sentencing guidelines for aggravated assault range from three to 15 years, Davis' attorney, Stephanie Ritchie-Mize, said that because the assault resulted in death, her client agreed to a higher sentence.
"In our case, aggravated assault is not typically a high-level offense, and Mr. Davis was a range 1 offender because he had never been convicted of a crime," Ritchie said. “Typically (aggravated assault) will be three to six years.
The settlement also resolved another case against Davis Jr. 2020, where he was charged with aggravated assault, possession of drug paraphernalia and evading arrest. While incarcerated for attempted murder, Davis led police on a foot chase that injured a Montgomery County Sheriff's Office deputy.
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April 14 at the hearing, he also pleaded guilty to aggravated assault and agreed to serve three years in prison at 30 percent. For the Schedule II cocaine charge -- 0.5 grams or more -- Davis will also serve six years with a 30 percent suspended sentence.
The sentences in both cases are to run concurrently, and all other charges were dismissed, according to court records.
"The district attorney wanted to make a vehicular assault on an officer unequivocally, and I completely understand that, and they were very fair," Ritchie-Mize told Clarksville Now about the deal. When a person is charged with aggravated assault in Virginia. , they can be convicted of either a misdemeanor or a misdemeanor, depending on the facts of the crime. The punishment will depend on the seriousness of the attack and who was attacked.
When you are charged with first or second degree aggravated assault, if convicted you will face life in prison. And while a conviction for third or fourth degree assault is considered a misdemeanor, the impact on your life and liberty will still be significant. No matter what degree of aggravated assault you are charged with, it must be taken seriously.
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The legal definition of first and second degree assault is when a person uses a deadly weapon with the intent to cause or injure another person with serious bodily injury. If the assault was committed against a police officer, firefighter, paramedic, or other elected public official, not only is it considered first and second degree assault, but the penalties and punishments will be more severe upon conviction.
Virginia Penal Code § 18.2-57 defines aggravated assault as the unlawful assault by one person on another with intent to cause serious or greater bodily injury. It is usually accompanied by the use of a weapon or means capable of causing death or great bodily harm.
In Virginia, the specific circumstances of the crime will determine how prosecutors proceed, and the types of penalties and punishment that follow a conviction.
When an offender attempts to cause significant bodily harm, not grievous bodily harm, it usually occurs through fistfights or similar incidents.
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A conviction for assault causing serious injury to the victim is considered a felony punishable by life in prison. Minor penalties, including misdemeanors, are still serious and can make you lose your freedom. Even after serving your sentence, you may still suffer consequences. A violent felony conviction will make it difficult to get a job, secure housing, get credit, or get a loan, and/or may prevent you from being accepted into a college or university. Also, if convicted and sentenced, even after paying the price to society, your reputation can be permanently damaged and family and social relationships lost or destroyed.
Whether it's your first arrest or you already have a criminal record, the legal team at Manassas Law Group knows that people make mistakes, and we treat each client with respect, without prejudice or bias. We also know that just because you are charged with a crime does not mean you will be found guilty.
Our goal is to aggressively and strategically fight to get your case dismissed or at least have the charges reduced. Our legal team will evaluate your unique situation and explore possible options for a robust defense on your behalf. Also, if the prosecutor offers you a plea deal instead of going to court, we will advise you on what is best for you.
For generations of Virginians, Manassas Law Group has provided skilled and effective representation in all types of complex criminal defense matters. With our decades of experience, we will guide you through this process and act as your determined advocate to ensure that your case is resolved as fairly as possible while preserving your freedom.
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When an experienced criminal defense attorney is brought into the process as early as possible, it gives them the opportunity to mount a strong defense. If you wait, the opportunity to negotiate a reduced or dismissed fee may be reduced or missed – the sooner you contact Manassas Law Group, the better the chance of a fair outcome.
And remember - just because you've been charged with aggravated assault doesn't mean you'll be convicted - you're innocent until proven guilty in a Virginia criminal court. And Manassas Law Group will aggressively seek to have your charges dismissed or reduced.
Our criminal defense team knows that being charged with such a serious crime can be stressful and anxiety-provoking. The criminal defense attorneys at Manassas Law Group can help you understand your rights and explain how we can defend you against the alleged aggravated assault that led to your arrest.
To begin the challenge of building a strong defense, Manassas Law Group's experienced team of criminal defense attorneys will meet with you personally and provide a free initial confidential consultation to discuss your case and determine your representation needs. Call us today at 703.361.8246 or send us a confidential message on our website.
Aggravated Assault Texas
We encourage you to speak with a qualified Manassas attorney as soon as possible to determine your legal needs and begin developing a legal strategy. Contact our company today: Call 703-361-8246 or fill out our metal part. Assault is defined as intentionally or recklessly causing harm to a person and is charged as common assault, ABH or GBH depending on the severity. This will depend on a number of factors, such as motivating factors and the level of injury – a frequent attack may cause minor injury or discomfort in passing, whereas GBH is very damaging to long-term health. The maximum penalty for ABH is three years in prison, while the maximum penalty for GBH is life imprisonment.
Assault is a complex area of law. Nick Titchener, solicitor for Lawtons, breaks down the categories into which the offense can be classified. Every attack is different and the outcome depends on several factors, including:
The police and the prosecution team must work out the details and initially assess the seriousness of the case and what kind of attack may have been carried out. The level of injury is the main difference in determining what level of crime can be charged.
Intentionally or recklessly causing harm to another person is a common definition of assault in the UK. Assaults are generally referred to as crimes against the person. Harm includes both physical and psychological harm, including making someone fear for their safety.
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Different types of assault, such as GBH, ABH, common assault or battery, involve different degrees of severity and therefore different degrees of injury.
Causing grievous bodily harm to another person is the most serious form of assault. The offense of GBH can be committed in two ways:
GBH, as opposed to s.18 or s.20 OAPA, is the most serious because in most cases the victim of GBH suffers serious, sometimes life-changing, injuries. They may also be left with long-term injuries or scars.
If the violence is caused by a weapon or its equivalent, the act may qualify as grievous bodily harm with intent (Section 18).
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Weapon equivalents are objects, objects or body parts that are not weapons themselves but can be weapons if used with intent, such as:
GBH can be caused by a single slap or punch, but the more sustained, violent or prolonged the incident, the more likely the consequences were intended.
Use of weapons
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