Carjacking is a serious felony crime that can change the trajectory of your life and threaten your rights. If you have been arrested for an alleged carjacking offense or have already been charged, you need to speak with a theft attorney as soon as possible to fight tirelessly in your defense.
A Dr. Phillips carjacking lawyer can prepare the most robust defense, whether that involves fighting your charge in court or working to get it reduced in a plea deal. The most potent defense strategy for your situation could depend on several factors, including whether or not you have a criminal record, the strengths and weaknesses of the prosecution’s case, and the evidence involved. An attorney can work towards the most positive outcome in your case while leaving no stone unturned to preserve your future freedom.
Carjacking is a crime that involves several unique steps or elements, and a Dr. Phillips attorney can start fighting these charges with an aggressive pre-trial investigation. This makes it important to get in touch with us as soon as possible even if formal charges have not yet been filed.
The crime of carjacking involves taking a motor vehicle from the custody of another individual, with the intention of keeping it temporarily or permanently. Moreover, for this charge to stick, the accused must have used assault, violence, threats, or force in the commission of the carjacking.
Carjacking is one of the most severe crimes a person can be charged with, because Florida classifies this offense as a first-degree felony. A first-degree felony carries legal punishments including financial penalties of up to $10,000 and up to three decades in prison.
Carjacking is also categorized as a Level 7 offense, which means that even if you do not have a criminal history, you could still face these very grave penalties if you are convicted. If the carjacking entailed the use of a firearm or deadly weapon, it becomes a Level 9 offense as well as first-degree felony. This means that the accused could spend up to life in prison if convicted.
As is true of certain felony crimes, carjacking also carries mandatory minimums, which is the minimum amount of jail time that a judge or jury can impose at sentencing. The mandatory minimum prison term for carjacking, assuming no one was injured and that no weapon or firearm was used is still 21 months.
For carjacking felonies involving a firearm enhancement, there are several tiers of mandatory minimum prison sentences involved. If the carjacking involved simple possession of a firearm, the accused would still have to serve at least 10 years in jail if convicted. If the firearm injured or killed someone, that minimum prison sentence upgrades to 25 years.
A carjacking defense attorney in Dr. Phillips can evaluate every element of the case against you. A trusted criminal attorney will also make sure that police and prosecutors have followed the law to the letter, while identifying areas to challenge witness statements or evidence collection.
Identifying procedural missteps such as rights violations, lack of probable cause, or entrapment are just one potential line of defense to a carjacking charge. There may be cases where the elements required to convict on carjacking are missing, and it may be possible to get it downgraded to a lesser offense.
Lack of evidence or self-defense can apply to a carjacking charge. If you can prove that you were somewhere else when the crime occurred, it may be possible to get a carjacking charge dropped. The afterthought defense is another possible option if you can show that any force or threats used were in service of another intended outcome, and not related to the actual carjacking.
Every stage of a criminal case can present crucial opportunities to reduce the severity of the underlying charge. Waiting to get legal representation can undermine your best defenses and leave your rights open to exploitation.
A Dr. Phillips carjacking lawyer can step in from the earliest stages of your case to launch the most effective defense. A carjacking conviction could mean years behind bars, steep financial penalties, a permanent criminal record, and the loss of other privileges you hold dear.
Our well-respected law firm can leverage a variety of defenses that raise reasonable doubt and seek to avoid a felony conviction. To learn more about your legal rights and options, contact our office today and schedule your free case review.
The Umansky Law Firm Criminal Defense & Injury Attorneys