Under Florida Statute §812.133, carjacking is a first-degree felony offense regardless of whether the offender possessed a firearm or other deadly weapon during the commission of the crime. The difference between the two is the number of years of incarceration the offender will face if convicted. Accusations of carjacking should never be taken lightly, as your freedom could be taken away for any number of years.Defenses to Charges of Carjacking in Florida
As with every violent offense, the elements of carjacking must be proven by prosecutors for the defendant to be found guilty. These elements include the use of force or robbery/attempted robbery in order to deprive the victim of the vehicle. While our Orlando criminal defense attorneys will challenge any and all evidence brought by the state, we will also work to develop the most effective defense for your case. Some of the most common defenses to carjacking include:
False accusation - someone wrongly or falsely accused you of committing the crime
Misidentification - you were mistakenly identified as the person who committed the carjackingCriminal Penalties for Carjacking in Orlando & Central Florida
As mentioned earlier, carjacking is a very serious offense, assigned a Level 7 severity ranking under Florida's criminal punishment code. Those found guilty of carjacking will face serious criminal penalties including:
There are also enhancements which may apply if the defendant used a weapon or firearm in the commission of the crime. Anyone using a weapon to commit carjacking will potentially face a prison term of life in prison; if a firearm was used, sentencing will depend on whether the firearm was in the offender's possession, was discharged in the commission of the crime, or whether someone was injured or killed by the firearm. For example, if the offender possessed a firearm while committing a carjacking, but did not discharge the firearm, the minimum prison term will be ten (10) years.Contact Adams & Luka Immediately
As you can clearly see, carjacking is a very serious crime in Florida, with severe punishment for those found guilty. Whether you are under investigation or have been arrested or charged with this criminal offense, it is imperative that you seek capable legal counsel right away. At Adams & Luka, our Orlando carjacking defense attorneys are dedicated to providing you with outstanding legal guidance and representation, always focusing on positive results. Call us now for a free consultation at (407) 872-0307 or (352) 787-2101.