(167) What is Carjacking in FL? – Michael A Haber Miami Criminal Defense DUI BUI Lawyer

March 26, 2017 / Michael A. Haber /

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
https://criminallaw.miami
E-Mail: [email protected] / [email protected]
Facebook: www.facebook.com/HaberPA
Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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