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Carjacking in Florida

CarDoor

Despite advancing technologies that make vehicles harder and harder to steal, car theft is a common problem across the United States. Florida is no exception.

However, not all thefts are alike. There is carjacking, which can be scary because it puts the life of the vehicle’s occupant at risk. Many carjacking suspects try to steal vehicles while they are running.

What is Carjacking?

Under Florida Statutes Section 812.133, carjacking is defined as the taking of a motor vehicle that is in the custody of another person with intent to either permanently or temporarily deprive the person or the owner of the motor vehicle. Carjacking also involves the use of force, violence, or assault to put someone in fear of their life.

If there was no firearm used in the carjacking, then it is charged as a first-degree felony, punishable by up to 30 years in prison and a $10,000 fine. If a firearm or other deadly weapon was used during the carjacking, then it is considered a life felony, punishable by life in prison. In most carjacking cases, a firearm is used.

Carjacking vs. Grand Theft Auto

While carjacking is a type of theft, it is not the same as grand theft auto. There are several factors that are different:

  • Presence of the owner. Carjacking involves taking a vehicle from its owner or operator while they are present. Grand theft auto often involves stealing an unoccupied car.
  • Grand theft auto involves the intent to permanently deprive the owner of the vehicle, while a carjacking involves the intent to temporarily or permanently deprive the owner of the vehicle.
  • Force or intimidation. Carjacking involves the use of force, intimidation, or threats to take the vehicle. Grand theft auto does not require force, as it often involves breaking into an unoccupied car and starting it.

Carjacking Defenses 

Facing carjacking charges can be a scary situation. A strong legal defense can protect your rights and future.

The two main defenses used are:

  • You must prove that the owner gave you permission to take the vehicle.
  • Mistaken identification. You will need to show that the victim mistakenly identified the wrong person.

The right defense will depend on the following:

  • Legal expertise. Consult with an experienced criminal defense attorney. They can assess the specific details of your case and provide you with potential defenses.
  • Evidence examination. Your attorney will scrutinize the evidence against you. They will look for things that could weaken the prosecution’s case, such as inconsistencies, procedural errors, or violations of your rights.
  • Witness testimonies. Witness statements play a crucial role in carjacking cases. Your attorney will investigate and cross-examine witnesses to challenge their credibility.
  • Negotiation with the prosecution can result in reduced charges or alternative sentencing options, minimizing the potential consequences.

 Contact Us Today

A carjacking conviction can negatively affect your life. Make sure you protect yourself.

Count on a Florida criminal defense lawyer from Linkhorst & Hockin, P.A. to defend. Contact us today to discuss your case. To schedule a consultation, call 561-626-8880 or fill out the online form.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.133.html

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