What is Carjacking in Florida?

In Florida, theft of a motor vehicle is a very serious criminal offense. However, taking another person’s vehicle by force is even more serious and carries much harsher penalties for those convicted. In fact, life in prison is even a possibility in some cases. If you have been charged, it is important to understand what this offense entails, and the potential defenses available. Below, our Fort Lauderdale theft offense lawyer explains in further detail.

Defining Carjacking in Fort Lauderdale

Carjacking is defined as illegally and intentionally taking someone else’s vehicle while using force. The majority of carjacking incidents also involve a weapon, typically a firearm. When prosecutors are trying to secure a conviction for carjacking, they must prove several elements of their case. These include:

• The defendant stole a motor vehicle that was not theirs from another person.
• The defendant intended to temporarily or permanently deprive the person of the vehicle.
• The defendant used assault, violence, or threats, in order to scare the victim so they could complete the theft of the vehicle.

Under state law, there are also options for enhanced sentencing and additional charges for certain acts that may occur during a carjacking, an attempt to commit carjacking, or in flight after an attempt of carjacking.

Carjacking Penalties in Florida

A person charged with carjacking will face high fines, long prison sentences, and more. A person can face felony charges, even if it is their first offense. The amount of time someone will spend in jail and the other penalties they will face depend on the amount of violence used in the commission of the crime. The potential penalties are as follows:

• No injuries or weapons involved in the offense: Under the Criminal Punishment Code in Florida, carjacking is a Level 7 offense when no one was hurt as a result and no weapons were used. A conviction carries a prison sentence between 21 and 30 months. Probation and fines up to $10,000 are other possible penalties.
• A weapon was involved in the offense: If a person used a weapon such as a blunt instrument, crowbar, or knife during the crime, the offense is upgraded to a Level 9 in the Criminal Punishment Code. The minimum prison sentence in these cases is 48 months, with the maximum staying at 40 years. Fines up to $10,000 and probation are other possible penalties.
• A firearm was involved in the offense: If the defendant used a firearm during the crime, they may face up to life in prison. These cases are also subject to the 10-20-Life statute in Florida, which imposes certain penalties depending on how the firearm was used. When carjacking involves a firearm, the penalties range between ten years to life in prison.

Call Our Theft Offense Lawyer in Fort Lauderdale for Help 

The penalties for carjacking in Florida are harsh, but there are defenses available that can help you protect your freedom. At Haber Blank, our Fort Lauderdale theft offense lawyer can advise on what they are, determine which one is most suitable for your case, and create a strong defense that will help you beat the charges. Call us now at 954-767-0300 or chat with us online to request a consultation and to get the legal help you need.

Source:

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