Lake Mary has seen its share of organized drug trafficking, home invasions, and carjackings. Federal prosecutors become involved when a crime syndicate operates in more than one state or breaks federal laws. Florida prosecutes these crimes when state laws are violated unless the crime crosses state lines.
The Lake Mary Police Department and the Seminole County Sheriff’s Office understand the gravity of carjacking. Those arrested for this crime often brandish a weapon and are desperate to leave the area. Accused carjackers face first-degree felony charges with convictions that could lead to life in prison. There are several defenses a diligent Lake Mary carjacking lawyer could apply in these cases. Call a local theft attorney now to discuss yours.
Under Florida Statutes § 812.133, carjacking is regarded as a violent crime associated with robbery. The following elements apply in a carjacking:
U.S. carjacking laws fall under the Federal Anti-Car-Theft Act of 1992, which legislators enacted as the crime became more rampant in the decade before. The first case prosecuted under the Act was tried in Florida.
Before computers were used to operate vehicles, it was easy for a professional car thief to jimmy a car door and start it by connecting the wires under the dashboard. Now, carjacking has increased because it is more difficult to steal cars without the owner starting it or handing over the keys. Contact a Lake Mary carjacking attorney who could assess your case and help you fight for the best outcome.
Carjacking is a first-degree felony with or without the use of a weapon. When a judge orders prison time, unarmed carjackers typically spend less time incarcerated, though still within the time range applicable to a first-degree felony.
Unarmed persons who do not physically harm the victim face a mandatory minimum prison term of 21 months. The maximum sentence for unarmed parties is 30 years of both prison and probation and a fine of $10,000. Aggravating factors that raise penalties include previous convictions and harm to the vehicle’s owner.
Sentencing for carjackings in which firearms are used follow Fl. Stat. § 775.087, Florida’s 10/20/Life rule. Therefore, a carjacking conviction involving the use of a firearm carries a mandatory prison sentence of 10 years if the gun is not discharged, 20 years if it is discharged, and 25 years if it is discharged and injures or kills the vehicle’s owner. If the gun is an assault weapon, incarceration can be for life. For other weapons, the minimum mandatory sentence is four years.
You have rights during and after a carjacking arrest. To protect them, make your first call to a Lake Mary lawyer for experienced advocacy.
If you are a for carjacking, do not apologize or admit anything until you speak with a lawyer. You have the right to counsel, and the arresting officer must read you your Miranda rights at the time of your arrest. Failing to inform you that you can remain silent and contact an attorney could make anything you say inadmissible during trial.
Our criminal defense attorneys could review all evidence, talk to witnesses, track down additional evidence if necessary, and study police reports to find weak spots in the prosecutor’s case. We could then strategize and build a strong defense, or even show why the charges should be dismissed. If the prosecutor has a strong case, we could negotiate a plea deal to reduce the charges. A Lake Mary carjacking attorney is committed to protecting your rights.
Carjacking has evolved as automobiles continue to become more difficult to steal due to onboard computers thwarting hot-wiring. Though it has always been a robbery crime in Florida, carjacking charges with elevated penalties can include life in prison or, in rare circumstances, even the death penalty.
Many people accused of carjacking are teens out for a thrill or others running from the site of another crime. No matter the reason, call us. A first-degree felony can seriously impact your future, but you have rights that we could help protect. Contact a Lake Mary carjacking lawyer today to discuss your future.
The Umansky Law Firm Criminal Defense & Injury Attorneys
