Carjacking in a crime that has been on the rise in recent years. Motorists need to learn how to protect themselves, and individuals accused of carjacking need to find a criminal defense attorney immediately.
Carjacking is an offense that involves the theft of another person's vehicle, often using force, violence, or a deadly weapon (firearm or knife). Most often the driver is forced out of the car, and at other times the driver may be forced to stay in or drive the car. Either way, it can be a dangerous and stressful experience to endure. Carjackers could be fleeing a crime scene, involved in a drug deal, gang activity, or other harmful situation. According to a U.S. State Department Report, common places for carjacking include:
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High Crime Areas
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Lesser traveled roads (rural areas)
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Intersections where you must stop
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Isolated areas in parking lots
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Residential driveways and gates
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Traffic jams or congested areas
Punishment and Penalties for Carjacking
Carjacking a s serious offense that often includes other crimes, such as robbery, assault, theft, or weapons offenses. In most incidents, carjacking can result in felony charges. Felony charges are the most serious types of crimes. One may spend years in prison, and the penalties will be even harsher with longer sentences when the following acts take place during a carjacking crime:
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Stealing an emergency or police vehicle
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Utilizing an illegal or dangerous firearm
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Resulting in bodily injury or death of an individual
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Committing a repeat carjacking offense (second or more)
Carjacking Laws in Massachusetts
Carjacking in Massachusetts is punishable under Massachusetts General Laws Chapter 265 Section 21A. Section 21A states:
"Whoever, with intent to steal a motor vehicle, assaults, confines, maims or puts any person in fear for the purpose of stealing a motor vehicle shall, whether he succeeds or fails in the perpetration of stealing the motor vehicle be punished by imprisonment in the state prison for not more than fifteen years or in a jail or house of correction for not more than two and one-half years and a fine of not less than one thousand nor more than fifteen thousand dollars; provided, however, that any person who commits any offense described herein while being armed with a dangerous weapon shall be punished by imprisonment in the state prison for not more than twenty years or in a jail or house of correction for not less than one year nor more than two and one-half years and a fine of not less than five nor more than fifteen thousand dollars. Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon, shall be punished by imprisonment in the state prison for not less than 7 years."
Proving a Carjacking Case
To prove a defendant is guilty of carjacking in the Commonwealth the prosecution must prove the defendant committed the following:
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The defendant intended to steal a motor vehicle from another person
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The defendant assaulted, confined, maimed or put a person in fear while stealing a motor vehicle
Contact a Criminal Defense Attorney Today
If you are accused or charged with a carjacking offense, the consequences can be as severe. You need to find a knowledgeable criminal defense attorney, who will create a defense to prove your innocence. Boston Criminal Defense Attorney Edward Molari can provide you with legal advice that may help reduce the punishment or lessen the charge. He cares about your situation and provides personalized legal services in every case. Contact attorney Edward Molari at 617-942-1532 for a free consultation.