Carjacking is a serious offense that could lead to felony charges and the harsh legal consequences that accompany conviction. There are multiple factors that could aggravate a carjacking charge, potentially compounding the jail time and fines that could be imposed if you are found guilty.
A Winter Garden carjacking lawyer could protect your legal rights while combing through the police and prosecution’s case to identify the best possible defenses. A seasoned theft attorney could review all available evidence and build the most convincing legal arguments to pursue a reduction or dismissal of the charge against you.
Carjacking is a specific type of theft charge that contains multiple elements, each of which must be proven by the prosecution to achieve a conviction.
First, carjacking involves unlawfully taking another individual’s motor vehicle with the intent to deprive them of it temporarily or permanently. Second, the unlawful act must have involved the use of assault, force, violence, threats, or other tactics used to make the alleged victim fearful.
Carjacking is a first-degree felony offense that carries mandatory minimum terms of imprisonment. The minimum sentence the judge is required to impose will depend on certain factors, such as whether or not the alleged victim was injured and if a weapon was used during the carjacking.
A seasoned lawyer could evaluate the facts surrounding your Winter Garden carjacking charge and advise you on the best course of action for your case.
Even if no one was hurt and a weapon was not used to carry out the carjacking, the crime is classified as a Level 7 offense. If convicted, a carjacking defendant could face up to 30 years in prison, plus up to $10,000 in financial penalties. The judge must also impose a mandatory minimum period of incarceration of 21 months for individuals convicted of this class of offense.
If the carjacking was committed with a weapon, the crime becomes a Level 9 offense. Not only will the defendant face up to 30 years in prison if convicted plus financial penalties, but they must serve at least 48 months in jail.
For carjacking charges involving the use of a firearm, the harshest legal penalties and prison terms apply. A person convicted of using a firearm while committing carjacking could spend up to life in prison. If the individual simply possessed a firearm during the carjacking, they must serve a mandatory minimum prison term of 10 years.
If they discharged the firearm, that mandatory minimum goes up to 20 years. When the individual who committed the carjacking discharged the firearm and injured or killed someone, they must spend a minimum of 25 years in prison.
A carjacking lawyer could answer your legal questions and make sure you understand the details of your charge in Winter Garden. A skilled legal team could also outline a plan of action for your defense.
A Winter Garden attorney could work to ensure that any evidence obtained in violation of your legal rights is suppressed and identify the most successful defense strategies to deploy in your carjacking case.
If you believed you were the rightful owner of the car, or the taking of the car was an afterthought to the use of force or threats, it may be possible to negotiate down the prosecution’s carjacking charge to a lesser offense.
It may be possible to get a carjacking charge reduced or dismissed if you were simply present at the scene of the crime but did not take part in the actual offense. Factual innocence, entrapment, or lack of evidence could also be plausible defenses to a carjacking charge.
You need dedicated legal representation from the start of your case. A Winter Garden carjacking lawyer could be involved from the earliest stages of your criminal case, even if charges have not been formally filed yet. If you have been arrested by the Winter Garden Police Department, do not delay securing the legal defense you need to maximize the chances of a favorable resolution.
We can tirelessly defend your Constitutional rights while fighting to maintain your freedom and reputation. Contact our firm today to schedule your free legal consultation with an experienced defense attorney.
The Umansky Law Firm Criminal Defense & Injury Attorneys
