Carjacking is a serious felony charge that can lead to substantial penalties. Work with an experienced theft attorney to get the most favorable outcome possible in your circumstances.
Contact a Chesapeake carjacking lawyer at Parks Zeigler, PLLC when you are charged or arrested. Our team can protect your rights and begin working immediately to resolve the charge.
Understanding the Charge
Carjacking is a form of violent robbery. According to the Code of Virginia § 18.2-58.1, a carjacking involves intentionally taking a motor vehicle from its operator by force or threat of force. The accused must have intended to temporarily or permanently deprive the driver of the use of the vehicle.
To be guilty of carjacking, the accused must have had some interaction with the person driving the vehicle. There must have been physical violence or conduct that put the driver in fear of imminent physical harm. Displaying a weapon is sufficient to support a carjacking charge, even if the accused did not use the weapon.
Depending on how the alleged crime occurred, prosecutors might also charge offenses related to weapon possession, battery, and assault in addition to the carjacking charge. An experienced Chesapeake carjacking attorney can explain the charges a person faces in a specific case.
Potential Defenses to Carjacking
An effective defense must be tailored to the prosecutor’s evidence. A skilled Chesapeake carjacking defense attorney reviews the state’s evidence closely, listens to the defendant’s version of events, and creates a defense strategy to fit the circumstances.
A prosecutor must prove all elements of the crime—intent, threat or use of force, and seizure of a vehicle—to obtain a carjacking conviction. Challenging the prosecutor’s evidence on one or more of the elements could be an effective defense to the charge. Mistaken identity, alibi, or false witness are also often appropriate defenses, as victims frequently misidentify the robber.
Police misconduct can sometimes be useful to the defense. A judge might reconsider a charge when the police violated a defendant’s Constitutional rights. When a dismissal is not possible, but a police witness is not credible, the prosecutors may be more willing to enter a favorable plea agreement.
Penalties Upon Conviction
Carjacking is a form of robbery that carries an enhanced sentence. A carjacking conviction could lead to 15 years to life in prison.
Multiple factors influence the sentence an accused offender would receive. A maximum or near-maximum sentence is more likely when an alleged victim sustains serious bodily harm, a child is endangered during the carjacking, or when the carjacking involves additional crimes.
The alleged offender’s criminal record also influences the sentence. A Chesapeake attorney can sometimes obtain a lighter sentence for carjacking when the offender has no prior felony convictions. An offender with a long criminal history is likely to receive a longer sentence.
Contact a Chesapeake Attorney for Carjacking Defense
Carjacking is a serious felony charge that can lead to a sentence of life in prison. It is critical for you to present the strongest possible defense to avoid the harshest consequences of a conviction.
Parks Zeigler, PLLC has a track record of obtaining favorable results for criminal defendants. Contact one of our Chesapeake carjacking lawyers immediately upon your arrest. We will work with you throughout the legal proceedings and work diligently for the best possible outcome in your circumstances. Reach out today.
