New Jersey Carjacking Lawyer
In the state of New Jersey, carjacking is defined as attempting to unlawfully take a motor vehicle. Carjacking is a very serious crime, and if convicted, an accused individual could end up facing years behind bars.
Issues can become even more complicated when multiple individuals are involved, or it is unclear who actually attempted to take the vehicle.
If you have been charged with carjacking, you will almost certainly need the legal aid of a New Jersey carjacking lawyer who has years of experience handling such cases.
Courts tend to not be very lenient on those accused of this crime, but by hiring a criminal lawyer in New Jersey, you can improve your chances of having your charges or sentence reduced.Understanding Carjacking Laws
Laws regarding carjacking are set forth in N.J.S.A. 2C:15-2, and cover a wide range of behaviors involving car theft. To prove that an individual is guilty of carjacking, the court must prove the following:
- The accused individual took the vehicle without the consent of the true owner.
- One or more of the following factors must be present:
- The accused used bodily force to obtain the vehicle.
- Either an implicit or explicit threat of violence was aimed at the owner.
- The accused individual also committed a first or second degree crime while attempting to obtain the vehicle.
- There were occupants still inside the car when it was allegedly taken by the accused individual.
If both of the statements above applies to the accused, they can be found guilty of carjacking. The state has implemented harsher laws regarding carjacking in recent years, and hiring a carjacking attorney in New Jersey would be in the best interest of the accused.Consequences of a Carjacking Conviction
As mentioned above, carjacking is considered a serious offense in the state of New Jersey, and it is common for those convicted to spend 10 or more years in prison, depending on the circumstances of the crime.
Most must spend at least five years behind bars with no chance for parole, so if a person is convicted, they will miss out on a substantial portion of their life.
Due to the severity of a carjacking charge, the bail of an accused individual can be in excess of $100,000, and many individuals will not be able to make bail because the 10 percent bail option is usually not available in such cases. Naturally, the bail amount will be higher if the defendant is charged with other crimes.Potential Defenses
Carjacking carries serious penalties, but a New Jersey carjacking lawyer may be able to offer the following defenses:
- The state failed to turn over relevant evidence to the defense.
- There was no threat of bodily harm or use of force.
- There were errors during the police investigation.
- The accused person did not intend to take the vehicle.
If a lawyer can prove one of the statements above, the defendant may be able to get their charges reduced or even dismissed.Contact an Attorney
An experienced carjacking lawyer in New Jersey will work diligently on your case from the moment you become a client. They can understand that carjacking laws are broad and confusing, and more than likely, you will need the aid of an experienced attorney.
If you are ready to discuss the details of your carjacking case, contact an attorney as soon as possible.