If you have been charged with carjacking in Florida, then you may have a defense. Afterthought, claim of right and lack of intent are all defenses that are oftentimes successful when fighting a carjacking case. Even if you don’t think you have a defense, you should always speak to an attorney to make sure you have a full understanding of how the law applies specifically to your case. If you want to know more about how the afterthought, claim of right, or lack of intent defenses, or if you want to speak to a lawyer about how to beat your carjacking case in Florida, then contact Matthew Williams now for a free consultation.
In Florida, carjacking is defined under Florida Statute 812.133. A person commits carjacking when they intentionally and unlawfully take another person’s motor vehicle through the use of force, violence, assault, or threat.
Carjacking is a first-degree felony, meaning it is punishable by up to 30 years in prison, or up 30 years of probation and up to $10,000 in fines (you can also get a jail or prison sentence followed by probation, but the total length of the punishment cannot exceed 30 years). In addition to facing prison time, if you are adjudicated guilty of carjacking, you will lose constitutional rights and you’ll have to deal with many other collateral consequences.
Also, under the 10/20/Life Statute (Florida Statute 775.087(2)(a)(1), if a person is convicted of carjacking and the jury finds the person possessed a firearm, then the court must impose at least the following minimum mandatory sentence:
- at least 10 years prison if the Defendant actually possessed the firearm during the carjacking;
- at least 20 years prison if the Defendant discharged the firearm during the carjacking; and
- at least 25 years in prison and up to life in prison if someone is shot during the carjacking.
Criminal convictions, especially convictions for violent charges, carry severe consequences and can never be removed from your criminal record. If you are convicted of a felony, you will lose your right to vote, your right to own firearms, and your ability to maintain certain business licenses. You can also lose your ability to receive financial aid, your ability to live in certain places and your ability to obtain a passport.
If you need an attorney who will advise you, fight for your rights, and do everything possible to protect your future, or if someone you know has been charged with carjacking in Florida then contact Matthew Williams now for a free consultation.