What is Carjacking in Fort Lauderdale?

Today, the anti-theft technology in vehicles has made it much more challenging for them to be stolen. Still, just as the technology to protect vehicles has made them harder to steal, thieves have also started to use their own high-tech measures to access vehicles. On the other hand, others continue to rely on older methods of stealing vehicles. One of these methods is carjacking. Below, our Fort Lauderdale theft offense lawyer explains how this offense is defined and the penalties associated with a conviction.

The Definition of Carjacking in Florida 

State law in Florida defines carjacking as taking a motor vehicle from the owner or the custody of someone else with the intent of temporarily or permanently depriving the owner of the vehicle. In order for the taking of a vehicle to be considered carjacking, the offense must also involve the use of violence, force, assault, or placing the individual in fear of imminent harm.

The majority of carjacking offenses happen in urban and suburban areas due to the fact that these areas are more heavily populated than rural areas. Not all forms of auto theft are classified as carjacking. For example, when the owner or someone else is not using the vehicle or in the vicinity of it, stealing a vehicle cannot be classified as carjacking.

Today, though, carjacking is becoming more common in Florida. This is largely due to the fact that hot-wiring, the traditional method of auto theft, is becoming increasingly difficult due to technology. For many, it is easier to steal a vehicle once it is already running.

Carjacking Penalties Without a Weapons Enhancement 

Carjacking in Florida is classified as a first-degree felony. Due to this, the penalties associated with a conviction for the crime are some of the most serious, even when a defendant does not have a criminal history. At minimum, those convicted of carjacking will be sentenced to 21 months in prison, which is nearly two years. The maximum prison sentence is 30 years. These penalties assume that there was no weapon used and that no one was physically harmed as a result.

Carjacking Penalties With a Weapons Enhancement

 When a carjacking involves the use of a weapon, the minimum sentence is automatically increased to four years in prison. The maximum penalties include life imprisonment, life probation, and a 10/20/Life Firearm Enhancement. This enhancement requires a judge to order a minimum prison sentence of 10 years, 20 years, or 25 years to life imprisonment for any felony that involves the use of a deadly weapon.

Merely possessing a firearm will result in 10 years in prison, while discharging a firearm is punishable by 20 years in prison. If someone is physically harmed or killed, the sentence is increased to 25 years in prison.

Our Theft Offense Lawyer in Fort Lauderdale Can Defend Your Case 

If you or someone you love has been accused of carjacking, you need a strong legal defense. At Haber Blank, LLP, our Fort Lauderdale theft offense lawyer knows the defenses available and will use them to protect you and your future. Call us now or fill out our online form to schedule 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