Carjackings are subsets of robbery crimes in Florida, and they are first-degree felonies that could land you in prison for life if you are convicted.
If you are arrested for carjacking, you might have a reason, an excuse, and a story that explains the situation, and possibly your innocence. Our theft defense attorneys understand that, no matter what happened, you are promised a fair trial and competent legal counsel, which is what we are here to provide. If a Sheriff’s Office deputy arrests you and you are charged, call a Lake County carjacking lawyer to spearhead your defense.
Over time, it has become easier to steal a car when an owner had their keys in their hand or they had already started it. The government enacted the Federal Anti-Car-Theft Act of 1992 because of the prevalence of carjacking in the 1980s and 90s. This crime can be elevated from state to federal in some cases under the Act. The first prosecution for carjacking under this law occurred in Florida.
Carjacking is defined under Florida Statutes § 812.133, as the theft of a motor vehicle from a person with the intent to deprive them of it, even just temporarily, and using violence or instilling fear in the owner.
Carjacking while using a deadly weapon or while unarmed are both first-degree felonies. The difference is in how long the prison sentence will be. Other laws also influence an armed altercation. Convictions for unarmed persons when nobody is injured come with a mandatory minimum prison sentence of 21 months. The maximum sentence when unarmed is 30 years in prison, 30 years on probation, and a $10,000 fine.
Sentences are enhanced when deadly weapons are involved and the target is injured. The minimum mandatory prison sentence the judge must impose is four years, but Florida also has the 10/20/Life Firearm Enhancement laws. Located under Fl. Stat. § 775.087, the law mandates the presiding judge to order a minimum 10-year prison sentence for possessing a firearm during the commission of certain felonies, including carjacking, a minimum 20 years in prison for discharging it, and a minimum of 25 years to life behind bars if discharging the firearm causes serious injury or death.
Sentencing is enhanced again if the firearm is an assault weapon. Sentencing for carjacking can be as little as 21 months but as long as life in prison. A Lake County carjacking attorney must be involved at the outset of charges being filed, preferably immediately after an arrest, to protect your rights.
An arrest is not a guilty verdict. If a Lake County sheriff’s deputy accuses you of carjacking, cuffs you, and hauls you to jail, you have clear rights. Do not make any admission until you have spoken to one of our defense attorneys who will assist you with the statement you should make. Insist on seeing an attorney at once.
Once our carjacking defense attorneys hear your story, review witness statements and police reports, and talk to anyone you name as an alibi or who refutes the charges, we can try to negotiate with the prosecutor for lesser or dismissed charges. If a trial is in your future, we offer passionate advocacy to get the best outcome, which includes a variety of defenses, such as the belief you were retrieving your car, your constitutional rights were violated, or you are innocent with an alibi.
Carjacking falls under the crime of robbery in Florida. It is a first-degree felony with penalties that impose far more serious constraints on your freedom, up to life in prison. You risk your future if you do not have the right attorney by your side.
Our defense attorneys understand that most carjackings are committed by young men, often in their teens, the age at which you make immature and rash decisions. This is no time to ruin your life with a first-degree felony. Our Lake County carjacking lawyers are empathetic advocates who are ready to defend your rights and fight for your future. Call now for a free consultation.
The Umansky Law Firm Criminal Defense & Injury Attorneys
