Two Men in Jail After Road Rage Shooting
In December 2024, Loudoun County Sheriff’s deputies arrested two undocumented immigrants who allegedly fired a gun at an occupied vehicle.
The Loudoun County Sheriff’s Office said two suspects fired a gun at a car in the area of East Maple Avenue and South Lincoln Avenue about 9:30 p.m. The car they shot at was damaged, but the driver and passenger inside were not hurt, the sheriff’s office said. It’s not clear what led up to the shooting.
Deputies tracked down the suspects’ car on Wednesday and arrested them. They’re both being held in jail without bond. One man was charged with shooting from a vehicle, shooting into an occupied vehicle and brandishing a firearm. The other was charged as an accessory.
The sheriff’s office has not said whether the suspects will be deported if they’re convicted.
Anger Crimes
Uncontrolled emotions, mostly anger, are the root of many criminal cases in Virginia. That’s especially true in road rage, aggravated assault, and manslaughter cases. These matters present some special issues for a Leesburg criminal defense lawyer.
Excessive anger and alcohol abuse usually aren’t legal defenses. But in these cases, at least if properly presented, these issues could be legal defenses.
Many people suffer from IED (intermittent explosive disorder). “Intermittent” means the condition is unpredictable. The same event, like getting in an argument, may not trigger an explosion every time. “Explosive” means these individuals react extremely, often violently, to minor slights, such as being cut off in traffic. “Disorder” means IED could qualify as an insanity defense, since it’s a mental defect.
Frequently, a Leesburg criminal defense lawyer partners with a doctor who establishes the necessary medical diagnosis and explains IED to jurors who are often skeptical that this “disorder” is a real thing.
IED has indirect effects as well. Explosive reactions cloud judgment skills. Therefore, a defendant may reasonably believe armed force is necessary to stop an attack, even if that’s clearly not the case objectively.
On a similar note, voluntary intoxication could be a defense to aggravated assault, murder, and other specific intent crimes.
Scientifically, intoxicated people can only perform one mental task at a time. That’s the reason police officers use multitasking DUI field tests. An intoxicated person cannot walk a certain number of steps and walk a straight line at the same time. Similarly, an intoxicated person cannot form the intent to hit someone and seriously injure someone at the same time.
Criminal Cases and Immigration Issues
Sooner or later, most criminal cases affect the immigration status of most noncitizens, regardless of their status at the time of conviction.
The State Department defines “conviction” very broadly. In many cases, a matter could count as a conviction even if the criminal record doesn’t include an official finding of guilt. For example, deferred disposition normally counts as a conviction for immigration purposes.
CIMT (Crime of Moral Turpitude) and aggravated felony convictions typically lead to deportation proceedings. Sometimes, the petty crime exception applies to CIMT misdemeanors, including first-time DUI. The State Department maintains a list of aggravated felonies. The list changes constantly, but it usually includes everything, even fraud and other nonviolent felonies.
Usually, a Leesburg criminal defense lawyer resolves these matters out of court. Voluntary departure is one of the most frequent compromise resolutions. If troubled immigrants voluntarily leave, they can re-enter the United States sooner.
Additionally, criminal cases, regardless of their age, often affect status adjustment matters. Overall, most noncitizens in this country are productive members of society. However, any criminal conviction tarnishes that image.
Only an assertive defense avoids these outcomes. In addition to the affirmative defenses mentioned above, procedural and substantive defenses often apply as well.
Investigators often violate defendants’ constitutional rights, most of which apply to citizens and noncitizens alike. Additionally, the burden of proof in criminal cases is so high that the state is often unable to prove legal guilt even if the defendant is admittedly morally guilty.
Count on a Diligent Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. We routinely handle matters throughout Northern Virginia.
Source:
nbcwashington.com/news/local/northern-virginia/2-arrested-in-loudoun-county-road-rage-shooting/3785654/
