Potential Penalties For Federal Carjacking Offenses
The potential penalties for federal carjacking offenses can be quite severe. In addition to prison time, fines can run into the thousands of dollars. To make matters worse, a carjacking conviction may qualify for the dreaded three strikes law. If a defendant is found guilty of more than two carjacking crimes, they could be subjected to up to 25 years in prison.
Depending on the details of the case, a judge may also consider the defendant's criminal record. If a defendant has a lengthy criminal history, the severity of the sentence will likely be increased. For instance, a felon who is convicted of carjacking may lose his right to possess a weapon after being released from jail.
Carjacking is a very serious crime, and it can affect a person's life in a very negative way. It can also permanently change the lives of the victims. This is why it is not surprising that there have been a number of cases in which the crime has led to a federal prosecution.
To be convicted of a carjacking crime, the prosecutor must prove that the defendant took the vehicle from another person by violence, intimidation, or force. There is no limit to the amount of force or violence used, but there are certain restrictions that must be met. Generally, the vehicle cannot be in motion or fully built when it is being taken.
A person who uses a firearm to carry out a carjacking will face stiffer penalties. For example, a defendant who fires a gun during a carjacking must serve at least ten years in prison, and a person who kills someone during an armed carjacking should expect to serve at least twenty years in prison.
The Federal Anti-Car-Theft Act of 1992 enhanced the punishment for carjacking crimes, thereby placing carjacking on the same level as other types of federal crimes. In fact, it was the act of taking a motor vehicle from another person by violence that prompted Congress to pass the statute. While most courts have upheld the statute, there have been a few challenges in the courtroom.
In order to be able to successfully defend a carjacking charge, a defendant needs to have a strong defense. This means they should hire a reputable federal criminal defense attorney. Once a defendant has a lawyer on their side, they can begin reviewing the specifics of the federal carjacking statute. Those who are considering hiring a federal carjacking lawyer should know that the most common defenses for this type of crime are based on the use of intimidation, intimidation by threat, and threatening the victim with great bodily harm.
Another defense is that the vehicle was not actually transported across state or international borders. In this case, the jury might be willing to consider the facts of the matter. However, if the defendant did take the vehicle into interstate commerce, the penalties are still severe.
To be clear, it is not necessary that the driver be an American citizen in order to be convicted of a carjacking. All that is required is that the defendant used force to take the vehicle away from its owner.
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