Thank you for asking me “What is Carjacking in FL?”
Carjacking is a specific category of robbery where someone uses force, violence, assault or putting in fear so as to unlawfully take possession of a motor vehicle from another.
In order to secure a carjacking conviction the State must prove the following 3 elements beyond a reasonable doubt:
1) That the Defendant took a motor vehicle from the person or custody of another; 2) That force, violence, assault or putting in fear was used during the course of the taking; and 3) That the taking was done with the intent to deprive the victim of the right to or a benefit from the motor vehicle, so as to either use it for the Defendant’s own or for the use of someone else who wasn’t entitled to use it.
Like with any other robbery, if the taking of a motor vehicle occurred as an afterthought to the use of force or violence then it may be grand theft auto but it’s not carjacking.
Why? Because in order to be 1st degree felony carjacking the intent to carjack must have existed in the Defendant’s mind at the time of the offense.
Just like home invasion robbery, carjacking, with or without a weapon, is always a 1st degree felony (punishable by up to 30 years in state prison) but if a carjacker, or any conspirator or principal to the carjacking, is armed then the carjacking will be enhanced to a 1st degree “PBL”, a felony punishable by life in prison (and in FL “life” means “life”… it means that you may well leave prison in a pine box).
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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