Carjacking is felony crime that involves the use of violence to steal a car from a driver. In most cases a carjacker uses force, intimidation, and threats to gain unlawful seizure of the vehicle from the victim.
In a carjacking, the offender can be armed and can coerce a victim out of the vehicle and proceed without the victim in the car or a carjacker can bully the target into remaining in the automobile during the crime.
Carjacking and grand theft auto are similar in that both involve stealing a vehicle. However, the two crimes differ in terms of the manner in which a vehicle is stolen. It is important to note that there is a basic standard for all laws in the U.S. However, states are always entitled to increase the protections according to state law.
Carjacking is always a violent offense that involves forceful taking of a car from a person. The elements needed to prove a carjacking is as follows:
Grand theft auto, on the other hand, can occur without any violence and often the victim is not even present. The elements need to prove grand theft auto are as follows:
Carjacking is a felony in every state. A carjacking is seen as a violent crime against a person rather than against property. Therefore, if you take a car when the owner is not present then it is not considered carjacking, rather it is grand theft auto. Also, police often add other charges when a carjacking occurs. For example, since carjacking requires force, an assault and battery charge often is included. Common consequences include:
Carjacking is a serious auto crime that can severely affect the rest of your life. If you are charged with carjacking, it is extremely important to consult an experienced criminal attorney to learn more about your rights, defenses, and the complicated legal system.
Last Modified: 01-28-2015 11:53 AM PSTLaw Library Disclaimer
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