Facing carjacking charges is a serious legal matter that can carry severe penalties. Carjacking is a first-degree felony, often involving allegations of violence or threats. You incur tough sentencing if convicted, with mandatory minimum sentences and the potential for life in prison.
An experienced theft attorney who understands the laws governing motor vehicle theft and the operation of local courts could fight to minimize the consequences you face. If you are confronted with allegations of armed vehicle robbery, contact a Sanford carjacking lawyer at The Umansky Law Firm to protect your rights and build a strong defense. We have experienced attorneys who could seek the outcome you deserve.
To prove that you committed a carjacking, the prosecution must establish four key elements beyond a reasonable doubt. The prosecuting attorney must first demonstrate that you took a motor vehicle that belongs to another person. Furthermore, they must establish that this taking occurred by force, violence, assault, or putting the victim in fear of harm. Taking a vehicle without the owner’s consent is not sufficient to elevate the charge from vehicle theft to carjacking; therefore, proving the use or threat of physical harm is essential to the prosecution’s case.
The prosecution must also show that you took the vehicle directly from, or in the immediate presence of, the victim by providing evidence that the victim was physically near the vehicle at the time of the theft. Finally, they must prove that you had the intent to temporarily or permanently deprive the owner of their vehicle.
If the prosecution successfully establishes all these elements beyond a reasonable doubt, the court may find you guilty of carjacking, a felony with serious legal consequences. Hiring an attorney who understands every element involved in proving that a vehicle theft in Sanford occurred using force is crucial to building a strong defense.
If the court establishes that you did not use a weapon during the carjacking, you face a mandatory minimum sentence of 21 months in prison. However, the penalties for carjacking are more severe if the state alleges that you used a weapon, and the maximum penalties for this are 30 years in prison, 30 years of probation, and $10,000 in fines.
Using a weapon in the commission of a carjacking makes it a level 9 offense, which carries more points than a lower-level offense. This informs the judge’s sentencing and could result in a minimum of four years in prison if the court convicts you of the crime.
In addition, the court must consider Florida’s 10-20-Life law if a defendant used a firearm in the commission of a crime. There is a minimum 10-year sentence if you used a firearm, and a 20-year period of incarceration if you discharged it. A Sanford lawyer with experience litigating carjacking cases could help you understand the penalties you may be facing and the options for your defense.
The prosecutor must prove beyond a reasonable doubt that your case satisfies all four elements that constitute a carjacking offense. If they do not have sufficient evidence to support their case, you could be acquitted at trial. Defenses to carjacking charges include:
When you work with a lawyer from our Sanford practice, you may discover that you have defenses against the carjacking charges you are facing.
If the police charge you with motor vehicle theft, a Sanford carjacking lawyer could help you face the long and difficult legal process. Take the first step towards a strong defense by scheduling an initial consultation with the criminal defense attorneys at The Umansky Law Firm today.
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