Fairfax Carjacking Lawyer
As defined by Fairfax law, carjacking is the intentional seizure of a motor vehicle with the intent to deprive the person in possession of the vehicle by threat or use of force. A person charged with carjacking in Fairfax should consider hiring an attorney because carjacking is a serious charge that carries with it a penalty of up to life in prison. An attorney could help defend them and help pursue a just outcome to avoid the harshest penalty.
A person charged with carjacking should contact a Fairfax carjacking lawyer as soon as they have been informed of their pending carjacking charges. If a person were to call a skilled theft attorney’s office to discuss their current carjacking charges, they could expect a variety of questions related to their personal circumstances as well as specific details related to the date and time of the alleged offense and how the individual might have been charged with carjacking.
Typical Carjacking Scenarios
An example of a carjacking scenario is when an alleged victim is stopped at a traffic light and is approached by an individual who asks for the vehicle. In doing so, they put the person in possession of the vehicle in fear of imminent bodily harm. It could be the presentation of a gun when asking for a vehicle, it could be stopping the vehicle’s motion and getting the driver out of the car, or it could be actually taking the vehicle that does not belong to the accused.
Consequences of Auto Theft Cases
A person convicted of carjacking in Fairfax should consider hiring a Fairfax carjacking lawyer because they face a potential penalty of up to life in prison. What differentiates a carjacking from an auto theft is that with a carjacking, one needs to prove the element of the use of force or the threat of force during the taking or seizure of another person’s vehicle. Unlike joyriding offenses, alleged carjacking requires the application of force or the threat of force when depriving someone of their vehicle.
The possible consequences of carjacking charges include a range of punishment from 15 years to up to life in prison. Prior criminal convictions impact a person charged with carjacking, because it might lead to how law enforcement and prosecutors decide to pursue the charges. If an accused is convicted of carjacking charges, the previous criminal convictions may enhance the sentencing guidelines that apply to their case.
Elements of Proving Carjacking Charges
For a person to be convicted of a carjacking charge, the prosecutor must prove beyond a reasonable doubt that the accuser either had their vehicle seized or relinquished control of their vehicle to the accused based on the accused’s application of force or threat of force.
The evidence a Fairfax carjacking lawyer may obtain includes any video or audio surveillance at the time, witness statements, statements by the accused or the alleged victim, and evidence of the character or integrity of the accused. It also would include evidence of the alibi when that applies.
Defending Car Theft Offenses with an Attorney
The defense strategies lawyers use when handling carjacking cases in Fairfax includes contesting the evidence presented against the accused, especially all evidence that applies to the elements of the accusation like the threat of force, the intention of the accused at the time, and whether or not any defenses or constitutional issues might be applicable. They may also contest or investigate circumstances of the arrest or any statements made by the accused or alleged victim.
A lawyer might be able to help someone with possible probation or reduced sentencing options when facing carjacking charges in Fairfax by thoroughly investigating the case, contesting the evidence against the accused, and being familiar with local law enforcement and prosecution, and will help obtain the most favorable outcomes possible. The type of support a Fairfax carjacking lawyer could advocate on your behalf try to defend your interests.
