Virginia Beach Carjacking Lawyer
If a person is charged with carjacking, they should contact a criminal defense attorney as soon as possible. During this first encounter, they should expect to go over every detail of the case, including the time, date, and place of the incident. Also, it is essential to discuss any prior criminal history.
Carjacking is one of the most serious crimes an individual can be charged with. When facing the possibility of being imprisoned for life, it is essential to be in contact with someone who knows the law and could possibly get the charge dismissed or reduced. If you are facing charges, contact a dedicated theft attorney. Call a Virginia Beach carjacking lawyer today.
What is Carjacking?
Carjacking is defined as “the intentional seizure or seizure of control of a motor vehicle of another with the intent to permanently or temporarily deprive another in possession or control of the vehicle of that possession or control of the vehicle of that possession or control by means of partial strangulation, or suffocation, or by striking or beating, or by the threat or presenting of firearms, or other deadly weapon or instrumentality whatsoever.”
The criminal elements of carjacking are:
- The accused possessed a firearm
- The accused took possession or control of a vehicle belonging to another person
- The accused took a motor vehicle by force and violence or the threat of violence
For more information about these charges, contact a seasoned carjacking lawyer in Virginia Beach.
Common Examples of Carjacking Scenarios
The most common carjacking scenario is when an individual approaches the vehicle operated or in the possession of another person (perhaps trying to get away from the scene of another crime) and brandishes a firearm, directing the owner or possessor of the vehicle to exit the vehicle, and then takes the vehicle. Another example is when an individual physically removes the driver of the vehicle from the driver’s seat and drives away with the car.
Carjacking vs. Auto Theft and Joyriding
Carjacking involves violence, while auto theft does not. Carjacking also carries with it a possible life sentence while the maximum term of incarceration for auto theft is 20 years.
Like auto theft charges, joyriding does not involve violence. For example, a joyriding crime is if someone finds a car parked on the side of the street, the engine running, door open, and no one in sight, and they proceed to get in the vehicle and drive off while intending to return it. In this scenario, the accused person cannot be charged with carjacking because no act of violence was involved.
Carjacking Penalties
Carjacking is a felony offense. Anyone convicted of carjacking can be sentenced anywhere from 15 years to life in prison. Prior criminal convictions impact a person charged with carjacking negatively. The more criminal convictions someone has, the greater the likelihood of a harsher sentence. Defendants could also be facing expensive fines and other long-term consequences. Therefore, it is essential for accused people to obtain the services of a carjacking attorney in Virginia Beach.
Contact a Virginia Beach Carjacking Attorney
Carjacking is a severe charge which can lead to imprisonment. If you are facing allegations of carjacking, you should reach out to a skilled defense attorney. A Virginia Beach carjacking lawyer could advocate for you through the legal process. Call today to get started on your defense.