Saint Lucie County Carjacking Arrest Lawyer
Carjacking occurs when a person takes a motor vehicle from the owner or someone with legal custody by using fear, assault, violence, or force. In the state of Florida, carjacking is considered a first-degree felony as described in Fla. Stat. Ann. §812.52. In order to get a conviction, a Florida State Attorney must prove beyond a reasonable doubt that a suspect took the vehicle using methods associated with carjacking. If you are facing these serious charges, working with an experienced Saint Lucie County car carjacking lawyer could help you understand your legal options and build a strong defense.
Contact our dedicated criminal defense attorney for a free consultation.
Criminal Intent
Prosecutors must show that the suspect took the vehicle with criminal intent to deprive the owner of the right to use or benefit from it. The state may prove this intent if the suspect took the vehicle temporarily or permanently. They must also prove that the suspect intended to use the vehicle personally or give it to someone not entitled to use it.
Victim
It is not necessary for a victim to own a vehicle for the taking of it to be classified as Carjacking. If a victim had legal custody of the vehicle at the time of the incident, that‘s sufficient under the law. With Carjacking, the taking of a vehicle is done in a way to overcome any resistance by the victim. The law does not require a victim to resist. Should the victim not have any fear of the suspect, they must offer some resistance. A suspect is also guilty of Carjacking if they administer a substance to the victim, so the victim is unconscious before the suspect takes the vehicle.
Weapon
The punishment for carjacking increases if the suspect used a weapon during the incident. Sentences become harsher if the suspect possessed a weapon after leaving, during the attempted carjacking, or while fleeing. If the jury finds the suspect guilty, they may also decide whether the suspect used a weapon.
Punishment
In the state of Florida, Carjacking is classified as a First Degree Felony. Under Florida’s Criminal Punishment Code, it is a Level 7 offense. There is a minimum prison sentence for anyone convicted of Carjacking. They must spend at least 21 months in prison. A judge can also award a person up to thirty years in prison, thirty years of probation, as well as $10,000 in fines.
Hiring a Saint Lucie County Carjacking Arrest Lawyer
If police arrest a person for carjacking, their attorney must protect their legal rights. They should contact Jonathan Jay Kirschner, Esq., & Associates, an experienced Saint Lucie County car carjacking lawyer. Contact the firm at any time, day or night, at 772-489-8501.
