While there are many different subcategories of crime, the distinction between violent and non-violent crimes can significantly impact one’s future. Some crimes, like carjacking, have elements of both. While this crime involves the theft, or intended theft, of a vehicle, it also includes the use or threat of force, making it a violent crime.
As such, the punishment for carjacking can be intense. In addition to significant prison time, you might face hefty fines and a permanent criminal record. An Avalon Park carjacking lawyer could help you fight these charges and build a strong defense.
Florida Statutes § 812.133 defines carjacking as taking a motor vehicle from another person by force, violence, or intimidation. It is a first-degree felony, even if no weapon is involved, but the penalties for this offense become even more severe with the involvement of a weapon.
Carjackings can happen anywhere, including parking lots, shopping centers, gas stations, or even residential neighborhoods. A conviction for carjacking can result in:
If a firearm or deadly weapon is used in a carjacking, mandatory minimum sentencing could apply under Florida’s 10-20-Life law. Given the severity of these penalties, it is critical for those accused to have an experienced Avalon Park carjacking attorney by their side.
A common defense against carjacking involves claiming that the accused is not the person who committed the crime. In the case of mistaken identity, an Avalon Park carjacking attorney could use security footage, witness testimony, and alibi evidence to prove innocence.
Sometimes, the state may not be able to prove the elements of a crime. If there is weak or contradictory evidence, a lawyer could challenge the case. The state’s burden extends to every element of the crime, including the presence of force, threats, or violence. If the vehicle was taken under different circumstances, the charges may not hold up.
While false accusations are relatively rare across all crimes, they do happen. If accusations are fabricated due to personal disputes or misunderstandings, an attorney could present pertinent evidence.
Every case is unique, and when structuring a defense, a good carjacking lawyer in Avalon will consider not only the facts and the state’s evidence but also how local judges and juries treat defendants.
The potential consequences of a violent crime are severe. In addition to fines, mandatory minimum prison sentences, and lengthy probation periods, defendants may face civil penalties like victims’ compensation and restitution. Once released, they could struggle to find employment or housing and lose some of their civil rights. Depending on one’s life circumstances, they may even face greater consequences, like the loss of parental rights, deportation from the country, restrictions on owning firearms, and more. A lawyer could help accused individuals explore all of their options, including plea bargains.
A carjacking charge can have a devastating impact on your life long before a conviction and despite the guarantee of Due Process. An Avalon Park carjacking lawyer could help you understand your legal options and build a strong defense.
The sooner you seek legal representation, the better your chances of achieving a favorable outcome. Contact The Umansky Law Firm today for a confidential consultation.
The Umansky Law Firm Criminal Defense & Injury Attorneys
