If you have been arrested for carjacking by the Winter Park Police Department, your top priority should be to secure the best legal defense for your case. Depending on the details surrounding your arrest and charge, you could face years, and potentially life, in prison if you are convicted.
A Winter Park carjacking lawyer could help you fight this extremely serious charge. Even if you have been arrested but not yet charged, you should have a reliable theft attorney by your side who can safeguard your legal interests and advise you on the best course of action. Do not let this incident jeopardize your future.
Carjacking is a felony, so a conviction carries much tougher financial penalties and terms of imprisonment than a misdemeanor would. A person commits the crime of carjacking if they intentionally and illegally take someone else’s motor vehicle while using violence, assault, force, or threats.
In order for the prosecution to achieve a conviction and prove guilt beyond a reasonable doubt, they have to prove all elements of this crime. The accused must not only have stolen the motor vehicle from someone else, but they have done so with the purpose of depriving the owner of it either temporarily or permanently.
There is also the requirement that the accused must have carried out the carjacking in an aggressive way, like with violence. If one of these elements is missing, the prosecution cannot succeed in meeting its burden.
Challenging the elements of a carjacking charge is just one of multiple possible defenses that a Winter Park attorney could deploy in your case. For example, if you were simply at the scene of the crime when it happened, but did not participate, this fact could be used to defend against a carjacking charge.
If you believed you were the owner of the vehicle, or you engaged in theft but the use of force or threats did not occur, the carjacking charge may fall flat. If no one was in control of the car at the time of the alleged offense, or you had the owner’s consent to use it, these could also be plausible defenses to carjacking.
In some situations, the right defense may hinge on challenging the legal process that led to the charge rather than factual issues. Constitutional violations, coercion, and lack of evidence are just a few examples we could lock onto.
Carjacking is one of the most serious types of felony crimes, which makes it crucial to have a Winter Park attorney handling your defense from the earliest moments.
As a first-degree felony, carjacking is accompanied by some of the harshest legal penalties in the event of a conviction. These can include up to 30 years in prison, and a financial penalty of up to $10,000.
If you are caught with a firearm at the time of the carjacking offense, the law imposes certain mandatory minimum periods of incarceration. The duration of these mandatory minimum prison terms depend on how the firearm was used, if at all, during the commission of the offense. For instance, simply possessing a firearm while stealing a car carries a mandatory minimum of 10 years in jail. If that firearm was discharged, that minimum threshold goes up to 20 years.
Carjacking matters should not be taken lightly, and in some cases, it can elevate from a state level offense to a federal offense. We can review your alibi at the time of the alleged offense, look at all the evidence to identify possible mistakes or weaknesses, and work to achieve a result that prevents the most serious punishments.
A Winter Park carjacking lawyer understands the gravity of the charge you are facing and has a wealth of resources to help you launch the strongest possible defense. An experienced criminal defense attorney can provide the qualified legal representation you deserve while examining every piece of evidence to identify potential challenges to the prosecution’s case.
A lawyer with a deep understanding of the technical and legal aspects of these cases can lend indispensable experience to the defense process. Do not hesitate to contact us and speak with an attorney about your case and defense options.
The Umansky Law Firm Criminal Defense & Injury Attorneys
