If you have been arrested for carjacking, it is important to hire a federal criminal defense attorney. Depending on the facts and circumstances, your charge could land you in prison for years.
Carjacking is a serious crime that can permanently change the life of the alleged victim. This is because it combines the crime of theft with the use of force. For the prosecution to win your case, they will need to prove that you knowingly took the owner's vehicle without consent. They also need to prove that you used violence or intimidation to do so. These are all required by the statute that makes carjacking a crime.
The federal government has a similar law that makes it a crime to take a motor vehicle for a business transaction. To be charged with carjacking in the federal court system, a defendant has to have been armed with a firearm and intended to kill someone. However, the federal version of this statute only applies if the alleged victim is within close proximity of the car.
There are numerous different ways to defend yourself against a carjacking charge. A lawyer can argue that the car you stole was not in fact stolen or that you didn't actually get into the vehicle. One of the most common types of defenses is a mistake of fact. You might have picked up a car that didn't belong to you or that you didn't really have the driver's license that you thought you had.
Other possible defenses include a lack of force and a lack of evidence. As with any type of crime, the prosecution will try to use its resources to make the case. Fortunately, a skilled attorney can show that the prosecution hasn't proved their case and you can walk away with a slap on the wrist.
If you are facing federal carjacking charges, it is best to contact a lawyer for a free consultation. While a federal carjacking charge can be very serious, the penalties can be a lot less severe than if you are arrested and charged in a state court. It is never a good idea to go into a carjacking incident with your guard up. Hiring an experienced lawyer is always the best way to protect yourself.
Another way to protect yourself is to prove that your actions were not the reason why the alleged victim was killed. Although there are several carjacking defenses, the most effective is to prove that you were acting under duress.
Carjacking is a form of robbery that is carried out by a thief who attempts to forcefully take possession of the owner's automobile. The act may also be accompanied by the use of a firearm. It is often considered a serious crime and can be punishable by up to nine years in prison.
To be successful, a carjacker must have a good plan and the physical means to carry out the robbery. This can include a blatant attempt to take over the vehicle, or a more subtle technique such as placing a note on the back window of the vehicle, or a ruse such as posing as a hitchhiker.
Carjacking is a crime that can be very difficult to track. There is no definitive list of statistics, and many police departments don't have their own criminal code for the act. But the Federal Bureau of Investigation estimates that approximately 49,000 attempted carjackings occur in the United States each year. Most of these are in urban areas and involve a firearm. In fact, over 70 percent of successful carjackings involve a weapon, primarily guns.
A successful carjacking can be as simple as hot wiring the car to start, or it can be as complex as posing as a hitchhiker or a stranded motorist. While both are legitimate methods, a successful carjacking requires more than a little guile and some good old-fashioned luck.
One of the most effective ways to prevent carjacking is to park the car in a safe, well-lit area and to get inside as soon as possible. When you enter the vehicle, make sure that you lock the doors and secure the keys in a separate chain. Also, be on guard for any strangers who approach the vehicle. You should never get out of your car in a secluded area. On the other hand, parking in an area with a valet or a parking spot should be considered a top safety measure.
For a first-time offender, the smallest possible penalty is three years in state prison. If the perpetrator uses a gun during the act, it can mean an additional year in prison. Even if the offender is lucky enough not to be caught, the felony can be punishable by up to $10,000 in fines.
Carjacking is often associated with a number of other crimes. Some of these include kidnapping, robbery, aggravated assault, and battery.
Carjacking is one of the most feared crimes in the United States, and it is a criminal act that is very dangerous. In some cases, it can be fatal. One young woman was killed after her vehicle was hijacked. Another was killed by her carjacker when she refused to give up her vehicle.
The most obvious way to avoid carjacking is to never leave the house without your wallet, cell phone, and car keys. Always lock your car doors and windows and drive with caution in a busy neighborhood or a crowded area.
If you or a loved one has been charged with carjacking, you may want to seek out the services of an experienced criminal defense attorney. This is an offense that can carry a high penalty, and you will need someone on your side to ensure you get the best possible outcome. Fortunately, you can hire an expert who will look at your case, test your credibility, and present you with a defense strategy that will work for you.
While no one expects you to be arrested for something so serious, you should still take the charges seriously. A carjacking conviction can lead to heavy fines and a jail term. However, it is possible to have your carjacking charge dismissed by hiring the services of a well-versed criminal defense lawyer. It is important to note that if you have a prior felony conviction, you are at a greater risk of receiving a harsher sentence.
In order to be convicted of carjacking, you must demonstrate that you had the intent to deprive another person of their motor vehicle, the ability to accomplish that feat with violence, and the use of force to carry out the act. All of these elements must be proven beyond a reasonable doubt in court. The prosecution may try to make you take a more favorable sentence if you can provide a valid alibi, and the time served for your pretrial incarceration can count for something in this case.
Carjacking is an act of robbery, and so prosecutors will usually go after the most serious charges. For example, if you are caught with a firearm during the commission of the crime, you will be subject to years of imprisonment. Depending on the nature of the crime, the penalties can range from three to nine years in prison.
To successfully defend against a carjacking charge, you need to have an attorney who will be able to identify any relevant defenses, test the evidence, and work with you and the prosecutor to find the right solution for your particular situation. There are many defenses, from a simple mistaken identity to having the correct consent.
The most obvious is the identification of the culprit. Generally speaking, the first step in defending against a carjacking charge is to have your attorney obtain discovery from the Commonwealth Attorney's office. During this process, your attorney will discuss the facts of your case with the prosecutors, review the evidence, and attempt to establish the identity of the perpetrator. Oftentimes, you will be surprised to learn that the crime was actually a misunderstanding.
Some other carjacking defenses to consider include the use of a weapon or a blunt object, as a means of regaining the vehicle. Similarly, the use of a device to make a video or audio recording can be used as evidence. Having the proper documentation on hand can be an effective alibi, particularly if the person you are arguing with is a friend or family member.
Lustberg Law Offices, LLC
One University Plaza Dr Suite 210, Hackensack, NJ 07601, United States
(201) 880-5311