Carjacking Defense Attorneys, Laws, Charges, and Defenses in Jacksonville, Florida, FL
In today's modern vehicles, vehicles have some of the most sophisticated anti-theft technology, which makes them very difficult to steal. However, some car thieves have resorted to high-tech theft devices that read cars' key fob signals and replicate those signals to unlock and even start the vehicles as if the thief had a set of keys to the vehicles. Notwithstanding, many more car thieves have just employed the old fashion method of carjacking to steal a motor vehicle.
In the state of Florida, carjacking is defined as the theft of a motor vehicle from the owner by use of force, violence, threats, or assault. And most carjacking cases, the suspects will be charged with a first-degree felony as most carjackers will use a deadly weapon or firearm as they commit the crime. The maximum penalty for a first-degree felony is life imprisonment.
In some cases, the potential for Florida's 10/20/Life Firearm Enhancement could apply in the defendant's criminal case. If so, this might mean the imposition of minimum mandatory penalties such as decades in prison or a life sentence if the suspect is convicted of the crime under this enhancement. Florida is extremely tough on any types of violent crimes, including violent theft of property.
The criminal charge of carjacking is a very serious criminal offense that cannot be understated, which is why it is essential that anyone arrested for carjacking contacts and experienced Jacksonville carjacking defense attorney as quickly as possible after one's arrest.
How the State of Florida Defines Carjacking
According to Florida statute section 812.133, "carjacking" Is defined as "they taking or attempted taking of a vehicle from a person with the intent to either temporarily or permanently deprive the owner or custodian of the vehicle using violence, force, assault, or by way of fear."
Typically, carjackings occur in suburban and urban environments where there is a high-density population. It is also important to understand that the last comprehensive study Concerning carjacking United States was published nearly 20 years ago. The study, called the National Crime Victimization Study, estimated that over 30,000 carjacking crimes occur annually. The study also states that in approximately 75% of carjackings, the perpetrator used a firearm, and approximately 50% of the carjacking victim sustained some sort of bodily harm during the carjacking.
The federal anti-car theft act of 1992 was enacted in order to combat the staggering increase in the number of carjacking crimes that had occurred between the 1980s in the 1990s. The law elevated carjacking to a federal offense in many circumstances. The law also imposes federal penalties on those suspects who use a firearm or any other type of deadly weapon in order to take a motor vehicle that has been transported, shipped, or received in foreign or interstate commerce from another person or while in the presence of another individual while using force, violence, or intimidation.
It is interesting to note that the first carjacking criminal case that was prosecuted under the Federal Anti-Car Theft Act of 1992 was from the state of Florida.
Carjacking Penalties and Punishments in Jacksoville, Florida
In the state of Florida, carjacking is a first-degree felony. Carjacking is also a level seven offense in the state of Florida. This means that the punishments handed down to a defendant who has been found guilty of committing carjacking will receive severe penalties regardless of whether the defendant is a first-time offender and does not have a criminal history.
Carjacking in the state of Florida carries a mandatory minimum sentence of 21 months in prison. This means, if the defendant is found guilty, the judge is required by law to sentence the defendant to at least 21 months in prison. This penalty does not include if the suspect used a weapon during the commission of the crime and the victim did not sustain physical harm. The maximum penalties for carjacking are 30 years in prison, 30 years of probation, and up to $10,000 in fines.
Usually, the above penalties only apply to those who commit the criminal acts of carjacking while not armed.
There is also another consideration that Hass to be determined in a carjacking criminal case according to Florida's 10/20/Life statutes. Under Florida statute section 775.087, a judge could be required to order a minimum prison sentence of 10 years, 20 years, or 20 years to life in prison meant for Felonise that involves the use of a deadly weapon.
If a firearm was used during the commission of edge carjacking and the weapon was an assault weapon or a machine gun, the penalties are enhanced to 15 years, 20 years, or 25 to life in prison.
The aforementioned law applies irrespective of whether the suspect actually used the weapon during the carjacking or not. The prosecution simply needs to establish that the suspect who is committing a carjacking was in possession of the said firearm.
Defending against a carjacking crime requires an experienced Jacksonville carjacking defense attorney Who can poke holes in the prosecution's case. The initial stages of a criminal trial involving carjacking criminal charges offer the best opportunity to block the prosecution's vital evidence from being admitted in the criminal trial.
Contact MuscaLaw for your free case analysis and consultation.
If you or someone you know has been charged with carjacking in Jacksonville, Florida, it is essential that you speak with one of our experienced carjacking defense attorneys in Jacksonville as soon as possible. Our experienced team of Jacksonville carjacking lawyers has the experience necessary to protect your legal rights and interest. Our firm has over 150 years of collective legal experience representing those facing felony charges throughout the state of Florida. To receive your free case evaluation, simply call 904-610-6545 or visit us at our local law office located at 630 W. Adams St., #205, Jacksonville, FL 32204.
Our lines are open 24/7. Call Musca Law today at (904) 610-6545.
Jacksonville Office Location
Musca Law
630 W Adams St #205
Jacksonville, FL 32204
(904) 610-6545
88HM+PM Downtown, Jacksonville, FL, United States