When you’re facing allegations of carjacking, the coming weeks and months can seem daunting and uncertain. It’s essential to equip yourself with knowledge and a strategic approach to safeguard your rights and future. 

While facing carjacking charges can be terrifying, there are steps you can take to protect yourself throughout the process. An experienced criminal defense attorney can make a significant difference in the outcome of your case, offering guidance and advocacy. From crafting a tailored defense to challenging evidence, your attorney is your advocate in securing the best possible outcome amidst these serious allegations.

What Is Carjacking?

Carjacking is a severe criminal offense that involves the illegal taking of a motor vehicle from another person through force, violence, intimidation, or threat. Unlike simple auto theft, carjacking typically occurs in the presence of the vehicle’s driver or passenger, subjecting them to some form of coercion or violence to force them to surrender the car. 

Components of Carjacking 

There are certain specific elements required to prove carjacking under Florida law. These include: 

  • Taking of a Motor Vehicle – There must be an attempt or failed attempt to take a motor vehicle. 
  • Vehicle Possession – The perpetrator must have taken the vehicle from the person who owns it or has possession of it.
  • Intent – The person taking the vehicle must intend to deprive the owner or the custodian of the vehicle permanently or temporarily.
  • Use of Force, Violence, Assault, or Fear – The perpetrator must have used force, violence, or assault, or they must have instilled fear of imminent harm in the person who had control of the vehicle to accomplish the taking. 

Potential Penalties for Carjacking

The penalties for carjacking can vary depending on the circumstances of the crime. Still, carjacking and carjacking involving a firearm or other deadly weapon are first-degree felony offenses in Florida and carries several potential consequences, including:

  • Minimum Mandatory Sentence – Courts must impose a minimum 21-month prison term upon conviction for carjacking. 
  • Maximum Sentence – Depending on the circumstances and aggravating factors of the offense, Convicted individuals face imprisonment for up to 30 years.
  • Fines – Courts can levy fines up to $10,000 in addition to imprisonment.
  • Restitution – Defendants might have to compensate victims for damages resulting from the carjacking, such as property damage or medical expenses. 
  • Permanent Felony Record – A carjacking conviction results in a permanent felony record, which can have long-lasting impacts on future employment, housing, and other aspects of the defendant’s life post-conviction. 

The penalties, including prison time, vary depending on the presence and usage of weapons, such as knives or firearms. These factors and penalties encompass the following: 

  • Carjacking With No Weapon – Carjacking without a weapon, causing no injuries, is a level seven offense under the state’s Criminal Punishment Code. Upon conviction, defendants face a mandatory minimum prison sentence of 21 months and a maximum penalty of 30 years in prison or probation, along with fines up to $10,000.
  • Carjacking With a Weapon – Carjacking with a weapon, such as a knife, crowbar, or other blunt instrument, is a level nine offense under the state’s Criminal Punishment Code. In these cases, judges must impose a minimum prison sentence of 48 months, with potential imprisonment of up to 30 years or probation and fines up to $10,000. 
  • Carjacking With a Firearm – Carjacking with a firearm escalates the penalties. Offenders face potential life imprisonment. Additionally, Florida’s 10-20-Life statute applies, mandating minimum prison terms: 10 years for possession of a firearm, 20 years for discharging a firearm, and 25 years for injuring or killing someone with a gun.

Defending Against Carjacking Charges

If you’re facing carjacking charges, it’s crucial to mount a vigorous defense with the help of an experienced criminal defense attorney. Some common defense strategies include:

  • Lack of Intent –  This involves demonstrating that you did not intend to commit carjacking or that there was a lack of specific intent required for the offense.
  • Mistaken Identity –  You could assert that you did not commit the carjacking, possibly due to mistaken identity or insufficient evidence linking you to the crime.
  • Coercion – This argument involves proving that you were forced or coerced into participating in the carjacking under duress or threat of harm.
  • Insufficient Evidence – You can challenge the prosecution’s evidence, including witness testimony, forensic evidence, or the reliability of identifications.
  • Constitutional Violations involve seeking to suppress evidence obtained through illegal searches or seizures, violations of Miranda rights, or other constitutional infringements.

How Can a Criminal Defense Lawyer Help?

A criminal defense lawyer can help defend against charges and advocate for your rights and interests. There are several ways a defense lawyer can help, including: 

  • Legal Knowledge and Strategy – A defense attorney can develop a strategic defense tailored to the specific facts of your case. They will assess the evidence, evaluate legal options, and craft a defense strategy to work toward achieving the best possible outcome.
  • Investigation and Evidence – Defense lawyers have the resources to investigate the circumstances surrounding the carjacking charge thoroughly, and this can include gathering witness statements, examining forensic evidence, and uncovering any mitigating factors that could support your defense. 
  • Courtroom Advocacy – During the trial, lawyers will present arguments, cross-examine witnesses, and challenge evidence to cast reasonable doubt on the prosecution’s case. They aim to protect your rights and raise a solid defense to the judge and jury.
  • Sentencing Advocacy – If convicted, your lawyers will advocate for leniency during sentencing by presenting mitigating factors, such as your background, remorse, or circumstances surrounding the offense. They’ll strive to minimize the impact of sentencing on your life.
  • Appellate Representation – If necessary, your lawyer will handle appeals to challenge legal errors or unfair trial outcomes. They’ll manage complex appellate procedures and argue your case before higher courts to seek a favorable reversal or modification of the original decision.

Contact Our Experienced Florida Criminal Defense Attorney

If you’re facing carjacking charges, you need a skilled criminal defense lawyer to help defend against these charges and protect your rights. At The Sombathy Law Firm, we represent and defend Floridians against criminal charges daily. We can build a strong defense while protecting your rights to provide the strong advocacy you deserve. 

Call us today for a confidential case consultation. Your freedom and future are our priority.