If you’re accused of the crime of car jacking in Miami FL, the team at Paul J. Donnelly, Miami, Florida, can provide seasoned legal representation for you. It is important for anyone who is arrested for car jacking to secure an experienced, knowledgeable legal team who can provide them with the best possible defense.
What is Car Jacking?
Car jacking is a very serious crime that can lead to extended time in jail and large fines. If a weapon is used in a car jacking, the punishments are even more severe. The crime of car jacking involves the use of threat, force, or violence in order to commit the theft of someone’s motor vehicle.
This crime is different than stealing a vehicle because in car jacking the operator of the vehicle and any of their passengers are put at risk by the person committing the theft.
Car jacking in the State of Florida is a first degree felony, which carries specified minimum sentences for those convicted. The minimum sentence for this crime of theft is 21 months in prison. Other penalties may include extended time in prison, up to 30 year, and probation, also up to 30 years. Fines may total up to $10,000.
If someone uses a weapon, which is any object that might be used to inflict physical harm on someone, there are more severe consequences if convicted.
In the commission of the crime, the charge of weapon enhancement can be made even if the weapon was not used to inflict harm. The threat of using any type of weapon is what leads to the elevated charge.
The minimum sentence for someone convicted of the crime of car jacking while using a weapon is 48 months in prison. However sentences can be longer.
The use of a firearm in a car jacking is seen as being an extremely serious offense and brings with it a range of penalties. For those who use a firearm and are convicted Florida’s 10/20/Life statute comes into play.
The 1manner in which the 10/20/Life statute is applied in sentences depends upon how the firearm was used. The minimum sentences under this law include 10 years in prison for being in possession of a firearm during a car jacking. Even if the weapon is unloaded or inoperable, this punishment would still be levied.
The minimum sentence for discharging a firearm during a car jacking is 20 years, and if someone is injured or killed due to the commission of the crime, the minimum sentence is 25 years with a life sentence being possible.
Car Jacking Defenses
Working with the Miami, Florida, legal team at Paul J. Donnelly, P.A., those accused of car jacking will be involved in developing a defense in regards to the charges made against them. There are two primary defenses for those accused of car jacking in the State of Florida.
These are false accusation and misidentification. Our team will consult with you on the possibility of using either of these defenses and will be diligent is assuring that you receive every benefit of the law, including due process in all aspects.
Know Your Rights
If you have been charged with or arrested for car jacking call the team at Paul J. Donnelly in Miami, Florida at (305) 767-7460. We are ready to serve you and to work toward you defense in an aggressive, personalized manner.GET A FREE CONSULTATION