The crime of carjacking encompasses the use or threat of force to take possession of a motor vehicle against the driver's will. This crime goes beyond mere theft, involving an element of intimidation that sets it apart from other property crimes.
The penalties for a carjacking conviction in Florida are particularly harsh. Offenders face substantial fines, along with extensive prison sentences with mandatory minimum terms.
Navigating a carjacking charge demands strategic and knowledgeable legal representation. This is where the expertise of a South Florida criminal defense attorney becomes invaluable. A defense attorney experienced in handling carjacking cases can help identify and establish potential defenses to fight the charges against you. Whether it's challenging the evidence, asserting mistaken identity, or demonstrating a lack of intent, having a strong defense is crucial to safeguarding your rights and building a compelling case.
What is Carjacking?
Carjacking is a form of robbery defined under Florida Statute Section 812.133 as the taking of another person’s motor vehicle and in the course of the taking there is the use of force, violence, assault, or instilling fear into the victim.
Florida law explains that an act is deemed “in the course of the taking” if it occurs either prior to, contemporaneous with, or after the taking of the property and if it and the act of taking constitute a continuous series of acts or events.
An act is deemed “in the course of committing the carjacking” if it occurs in an attempt to commit carjacking or in flight after the attempted carjacking. As explored below, this language becomes important when determining if an alleged carjacker carried a firearm or other deadly weapon during the incident which can lead to more severe penalties.
The following provides an example scenario of a carjacking:
- John walks back to his car at night in a dimly lit parking lot. Suddenly, a stranger in a mask appears from hiding. The stranger approaches John wielding a knife. The masked person demands John to hand over his car keys. Fearing for his safety, John complies with the masked person’s request and hands over the keys to his motor vehicle. The person then gets in John’s car and speeds off, leaving John stranded and in shock. If police catch the masked person, that person would be charged with carjacking.
To prove a defendant committed a carjacking offense, the State must prove the following three elements beyond a reasonable doubt:
- The defendant took a motor vehicle from the person or custody of the alleged victim;
- In the course of taking the motor vehicle, the defendant used force, violence, assault, or placed fear into the victim; and
- The defendant took the motor vehicle with the intent to temporarily or permanently deprive the victim of their right to the vehicle or any benefit from it or appropriated the victim’s motor vehicle to the use of any person not entitled to it.
Penalties for a Carjacking Charge
A person charged with a carjacking offense faces a first-degree felony in Florida. Even if the defendant has no prior criminal history, carjacking is charged as a first-degree felony. The crime of carjacking is assigned a Level 7 offense severity ranking under Florida’s Criminal Punishment Code. However, carjacking penalties can be increased if the defendant had a weapon or firearm in their possession in the course of committing the carjacking.
A defendant convicted of carjacking will face a minimum sentence of 21 months in prison. However, the defendant can face a more severe sentence. A judge can impose the following penalties for a carjacking conviction:
- Carjacking defendant that had no weapon or firearm – Conviction carries up to $10,000 in fines and up to 30 years in prison.
- Carjacking defendant that had a firearm or other deadly weapon – Conviction carries up to $10,000 in fines and up to life imprisonment.
Enhanced Penalties for Weapons and Firearms
An individual accused of carrying a deadly weapon or firearm during a carjacking offense can face enhanced penalties.
A deadly weapon is defined as any object, other than a firearm, which will likely cause death or great bodily harm if used in the ordinary and usual manner contemplated by its design and construction.
A firearm is defined as any weapon which is designed to or may readily be converted to expel a projectile by the action of an explosive.
Another concern for a person charged with carjacking while possessing or using a firearm is the Florida’s 10/20/Life statute. Codified under Florida Statute Section 775.087, a judge is required to impose a minimum prison sentence of either 10, 20, or 25 years for the commission of certain felony convictions that involve the use or attempted use of a firearm or destructive device. The following provides the mandatory minimum sentencing under the 10/20/Life law:
- A minimum 10-year prison sentence if the defendant was in possession of a firearm during the commission of the offense;
- A minimum 20-year prison sentence if the defendant discharged a firearm during the commission of the offense; and
- A minimum 25-year prison sentence up to life imprisonment if the defendant injured or killed someone with the firearm during the commission of the offense.
Defenses to a Carjacking Charge
Being faced with a carjacking charge is understandably a frightening experience. Considering the strict penalties that come with a carjacking conviction, your best shot at fighting the charges against you is to work alongside an experienced Florida defense attorney. When you consult Ian Goldstein Law, our attorneys will review your case details to determine if any of the following defenses are applicable:
- Claim of Right – If the defendant had good faith belief that they were the owner of the motor vehicle or they were entitled to the immediate possession of the vehicle, a defense attorney may be able to use the defense of claim of right.
- Mere Presence – A defendant who was merely present at the time of the carjacking offense, even if another person they were with spontaneously takes a car, should not be convicted for carjacking or as an accomplice as long as they didn’t do anything to further the crime.
- Consent – If the owner of the vehicle willingly gave the defendant consent to use their vehicle, an attorney may be able to use this as a defense.
- Mistaken identity – A defense attorney will be able to help prove that the defendant had their identity mistaken as the person who committed the carjacking offense.
- Lack of intent – Part of securing a carjacking conviction is the element of intent. If the defendant lacked intent to temporarily or permanently deprive the owner of their vehicle, a defense attorney may be able to use lack of intent as a defense.
If you have any questions regarding your case and the possible defenses to use to fight a carjacking charge, contact the defense attorneys with Ian Goldstein Law.
Contact a South Florida Carjacking Defense Attorney
The state of Florida takes a harsh stance when it comes to someone who takes an item or possession belonging to another person. This is especially true in cases where a person uses fear or the use of weapons to take a car, such as in a carjacking offense. Even if you have never been accused of a crime before, facing a carjacking charge can result in serious penalties. You could be forced to pay expensive fines and face mandatory prison sentences.
The best way to protect yourself and your future is by hiring a Palm Beach defense attorney experienced in carjacking cases. The defense attorneys with Ian Goldstein Law can help you fight the charges against you and build a defense to clear your name. Contact our office today and receive a free consultation when you call (561) 600-0950.