The law is full of instances of prosecutorial misconduct. One frequent criminal offense ripe with distortions of the truth and false allegations is vehicle theft.
Sometimes, prosecutors engage in inaccuracies when a defendant does not have legal representation, increasing their risk of fines and jail time. However, with a proper theft defense attorney, you could end up with just a fraction of the jail time or be able to walk away without a conviction. For superior legal representation, please contact a Clermont carjacking lawyer.
Automobile theft is an offense with harsh penalties regardless of whether a person is a first-time offender. As such, allegations of carjacking in Clermont fall under felony classifications of crimes.
Florida Code § 812.133 explains that the offense of vehicle theft is when a person takes the vehicle of another person, with or without force. For such actions to be classified as carjacking, the person must have the intent to deprive the owner of the vehicle temporarily or permanently.
A conviction of carjacking without force or the use of a weapon comes with fines up to thousands of dollars and a mandatory minimum of two years in prison. If the theft of an automobile is believed to have occurred with the use of any violence, force, assault, or battery, a person could receive a prison sentence of up to three decades or proration and fines not to exceed $10,000.
Florida law allows prosecutors to enhance a carjacking charge when there are allegations that a person had a weapon during the incident. A person can receive a minimum sentence of ten years in prison for mere possession of a weapon while carjacking. If a firearm is alleged to have been used during an auto theft, a convicted person will likely receive a minimum of two decades behind bars. If a carjacking results in bodily harm with a dangerous weapon, the penalty is up to two decades plus five years.
With the assistance of a persistent Clermont carjacking attorney, an individual could have a charge reduced to a lesser offense or dropped entirely.
A skilled criminal defense attorney knows each case is unique and should be handled carefully. To this end, they could successfully argue any of the following defenses on behalf of the persons accused:
Constitutional rights violations generally refer to violations of a person’s Fourth or Fifth Amendment rights. Fourth Amendment rights occur when an officer conducts an unreasonable search or seizure and the Fifth Amendment generally protects a person against self-incrimination. Therefore, evidence connecting a person to an offense could be dismissed if officers initiated an illegal search and seizure.
Since the Fifth Amendment also bars double jeopardy, the person cannot be charged with the same offense if the charges are dismissed based on officer misconduct in collecting evidence from a witness. A Fifth Amendment defense could be asserted if officers obtained a confession of an accused without going through the required interrogation procedures.
A lawyer could raise a defense of insufficient evidence in favor of a defendant by pointing out the allegations are based on unreliable witness testimony and hearsay devoid of any physical evidence or anyone tying the accused to the crime.
A defense of mistaken ownership could be raised if a person honestly believed the vehicle was theirs because it matched the same make and model of their stolen car. Other examples include when a friend misinterpreted the time the owner allowed them to borrow the vehicle; or mistaken identity, which can happen when two individuals have similar characteristics.
A Clermont vehicle theft lawyer could provide a convincing defense, resulting in a reduction or dismissal of a carjacking charge.
A criminal case can move fast in Florida, so it is important to contact The Umansky Law Firm as soon as you can.
Reach us via phone or contact form to speak with a Clermont carjacking lawyer. You do not have to fight your case alone.
The Umansky Law Firm Criminal Defense & Injury Attorneys
