A man in Quincy currently faces charges after police say he stole the car of someone in Boston. Law enforcement responding to a radio call on Massachusetts Avenue around 1 in the morning spoke to a victim who stated that while he was on Dorchester Avenue, he was approached by a man who requested a ride to the Boston Medical Center area.
As they neared the Boston Medical Center, the man became violent and struck the victim in the back of the head with a firearm. The victim then exited the vehicle and the suspect climbed over the driver’s seat and fled in the vehicle.
An officer on patrol in the Hampden Street and Melnea Cass Boulevard area later spotted a car matching the description of the stolen vehicle. The suspect turned onto Hampden Street and fled toward George Street. After refusing to stop for police, the suspect was forced to stop after turning onto Wendover Street, which is a dead-end. The suspect was then taken into custody and it was determined that his firearm was a BB gun. The suspect was charged with carjacking, assault and battery by means of a dangerous weapon, failure to stop for a police officer, operating a motor vehicle on a suspended license, and speeding.
One of the best things to do if you or a loved one is facing a carjacking charge is to understand some of the basics about the nature of this offense and how it is handled in Massachusetts.
Penalties Associated With Carjacking
The crime of carjacking in Massachusetts is punishable by imprisonment in state prison for up to 15 years or in jail for up to two and a half years. A person convicted of carjacking can also end up facing a fine of up to $15,000. If a person is armed with a dangerous weapon at the time of the carjacking, the individual faces much more serious penalties including a maximum of 20 years in prison or jail time of up to two and a half years.
What the Offense Entails
In Massachusetts, carjacking is referred to as assault with the intent to steal a vehicle. Carjacking often occurs when a person confines or harms another person to steal a vehicle. Physical injury, however, is not a requirement for a carjacking charge. Instead, if a victim reasonably feared bodily harm, a carjacking charge can be made. It also does not matter if the person stealing the vehicle was successful in doing so.
Defenses to Carjacking Charges
Carjacking as well as all other criminal charges must be established beyond a reasonable doubt. As a result, it is often possible to defend against the charge by establishing that the prosecution has not presented sufficient evidence.
Another common way to defend against a carjacking is arguing that the prosecution obtained evidence of the offense by violating your constitutional rights. These violations most commonly involve the 4th or 5th Amendment of the Constitution.
Speak with an Experienced Massachusetts Criminal Defense Attorney
If you or a loved one has been charged with carjacking in Massachusetts, one of the best steps that you can take is to promptly obtain the assistance of an experienced attorney. Contact attorney Edward R Molari today to schedule a free case evaluation.