(561)988-8000 Carjacking is a very serious crime, as it is an elevated level of theft. A person accused of carjacking or a person who has been convicted of this crime could, under certain circumstances, be facing a sentence of life in prison.
There is no such thing as a diversion program for carjacking. To have the best chance of avoiding the worst outcomes for these charges, it is important to speak with a West Palm Beach carjacking Lawyer to protect, enforce and assert that accused party’s rights.
An experienced theft Attorney in West Palm Beach may be able to help to reduce or dismiss any potential penalties an individual may face as a result of their charge.
What is Carjacking?
Carjacking under Florida statutes means the taking of a motor vehicle with the intent to either permanently or temporarily deprive the person or the owner of the motor vehicle through the use of force, violence, assault, or fear. In simpler terms, carjacking means the taking of an occupied motor vehicle with the use of force. An individual should contact a Lawyer to best defend against any degree of carjacking.
There are many scenarios where carjackings can occur. These can include a person walking to their car in the parking lot and getting into the driver’s seat at the same time that someone following them gets into the car as well. That individual can then push the person into the car using force, violence, assault, or a threat of force to make the person drive the car somewhere else.
Another scenario is when someone walks into a road with no traffic, stops the driver, and comes to their window with a gun or a knife and demands their vehicle with the threat of violence or death.
Sometimes, this crime occurs when someone’s doors are unlocked, and someone opens the door and uses violence to overtake them. There are many ways a carjacking might occur, but it involves the taking of a motor vehicle when the motor vehicle is occupied, and the taking involves some sort of violence, force, assault, or putting in fear of violence.
Some charges accompanying carjacking can be grand theft of a motor vehicle, battery, or assault. A knowledgeable West Palm Beach Attorney can best explain the various scenarios associated with carjacking.
Potential Consequences
Carjacking is considered an elevated level of theft of a person’s property with an accompanying act of violence or a threat of violence. In Florida, any act of violence is considered a serious crime, and an instance in which someone is taking something with the use of violence is increasingly serious.
The crime of carjacking involving a firearm or other deadly weapon is a first degree felony punishable by life in prison. If the person did not carry a firearm or weapon, carjacking is still a felony of the first degree, and instead of life in prison, the maximum sentence may be 25 years in prison.
Due to the severity of such penalties, it is imperative that an individual consult with an experienced carjacking Lawyer in West Palm Beach as soon as possible to begin building a defense.
Additional Consequences of a Conviction
A Felony conviction has long-term consequences, even after you have served your sentence. Carjacking is a violent crime, so a conviction can be especially impactful.
You cannot own or possess firearms. Many employers will not hire people with convictions for violent felonies. You may find it difficult to find a place to live or get credit. Your ability to travel may be restricted, as many countries deny entry to convicted felons. If you are not a citizen, a carjacking conviction could endanger your immigration status.
Defending West Palm Beach Criminal Charges
At Leifert & Leifert, we craft an individual defense based on the charge you face and the specific facts and circumstances of your case. However, we never overlook the potential defenses that apply in all criminal cases.
We carefully scrutinize all evidence connected with the police investigation and your arrest. If there are indicators that police did not follow proper procedures or violated your rights, we could bring a Motion to Suppress Evidence.
Winning these motions often leads a Prosecutor to decline to proceed due to inadequate evidence.
Other defenses that could apply in your case include mistaken identity, alibi, and unreliable witness. The latter defense could be effective if a police informant identified you as the perpetrator and your arrest was based primarily on their testimony. As former Prosecutors, our West Palm Beach carjacking defense Attorneys have an insider’s understanding of how the criminal justice system works and will use that knowledge to obtain the most favorable result the evidence permits.
Possible Defenses to Carjacking Charges
If you are facing a carjacking charge, you must put forward a strong defense. The Prosecutor has the burden of proving every element of the charge. Our experienced West Palm Beach carjacking defense Attorneys can review the evidence, expose its weaknesses, and exploit them to raise reasonable doubt about your guilt.
Florida Statutes § 812.143 indicates there must be a taking of a vehicle from another person with the intent of depriving that person of it. The taking must be accomplished using force or the threat of force that puts the other person in fear for their safety.
Depending on the circumstances, a skilled legal professional could raise questions about whether you intended to deprive the vehicle’s occupant of its use. The evidence might be unclear about whether you actually took the vehicle. In some cases, there may be an opportunity to raise a reasonable doubt about whether you used force or threatened force that would put a reasonable person in fear for their safety.
Building a Defense Starts With Your Arrest
Your actions from the moment police make contact with you through your arrest and arraignment can have a big impact on your defense strategy. For your safety, do not flee or resist arrest. You should assert your rights and refuse to speak with the officers without an Attorney.
The Attorneys at Leifert & Leifert are available by phone 24/7, so call us at your first opportunity. We can advise you during a police interview, represent you at your arraignment, and immediately start building a robust defense to the charge.
Contacting a West Palm Beach Carjacking Attorney
When an individual contacts an attorney, they can expect a thorough discussion of the allegations, facts, and circumstances surrounding the investigation. The Lawyer could also review any relevant investigative reports, police reports, probable cause affidavits, and witness statements in order to fully diagnose the client’s situation. The Attorney also needs to hear the story of what the client feels happened.
The most important things to discuss are what the person is being accused of and what facts are being brought against the person to support the allegation. A client should expect a full discussion as to what the facts are surrounding the charge of carjacking. The West Palm Beach carjacking Lawyer should also explain the potential punishments the client is facing that are the result of the different degrees of this crime. Call our office today to learn more.
