Carjacking

What Is Carjacking?

In Georgia, carjacking is legally known as highjacking a motor vehicle. This is a serious felony charge bringing a long prison sentence and expensive fines.

Hijacking a motor vehicle in the first degree: A person commits the offense of hijacking a motor vehicle in the first degree when such person while in possession of a firearm or weapon obtains a motor vehicle from an individual or the presence of another individual by force and violence or intimidation or attempts or conspires to do so.

Hijacking a motor vehicle in the second degree: A person commits the offense of hijacking a motor vehicle in the second degree when such person obtains a motor vehicle from an individual without his or her consent or from the immediate presence of another individual without his or her consent or attempts or conspires to do so.

Defense Strategies for Highjacking a Motor Vehicle

A summary of defense strategies: conduct a review to confirm whether or not the case facts meet the specific requirements for the charge of carjacking. Our defense attorneys may challenge the prosecution to prove the accused acted in a manner that constitutes highjacking a motor vehicle.

Additionally, examine evidence such as witness statements, video footage, and forensic evidence. In some cases, self-defense or defense of others are plausible arguments.

Carjacking Punishments

Hijacking a motor vehicle in the first degree: A person convicted of the offense of hijacking a motor vehicle in the first degree shall be punished by imprisonment for not less than ten nor more than 20 years and a fine of not less than $10,000.00 nor more than $100,000.00, provided that any person who has previously committed an offense under the laws of the United States or of Georgia or of any of the several states or of any foreign nation recognized by the United States which if committed in Georgia would have constituted the offense of hijacking a motor vehicle shall be punished by imprisonment for life and a fine of not less than $100,000.00 nor more than $500,000.00. The punishment imposed pursuant to this paragraph shall not be deferred, suspended, or probated.

Hijacking a motor vehicle in the second degree: A person convicted of the offense of hijacking a motor vehicle in the second degree shall be punished upon a first conviction by imprisonment for not less than one nor more than ten years and a fine of not more than $5,000.00. Upon a second conviction for hijacking a motor vehicle in the second degree, a person shall be punished by imprisonment for not less than three nor more than 15 years and a fine of not more than $5,000.00. Upon a third or subsequent conviction of hijacking a motor vehicle in the second degree, a person shall be punished by imprisonment for not less than five nor more than 20 years and a fine of not more than $5,000.00.

Georgia Law: O.C.G.A. § 16-1-1 — 16-17-10

Click the following link to see the full law for carjacking in Georgia. The circumstances of your situation may allow your lawyer to fight for dismissal or changing the charge to a lesser offense. Always keep in mind, an arrest is not a conviction.

Contact a Carjacking Attorney

If you are being investigated for, or charged with, highjacking a motor vehicle we recommend calling our law firm as soon as possible. We understand the urgency of the matter, and respond quickly to all calls and online inquiries to hire a criminal defense lawyer. To get control of your situation CALL 678-880-9360 for an appointment with a carjacking defense attorney.