Carjacking is a similar theft offense to robbery, but the term refers to the theft of cars specifically. It is a fairly new statute and has become an issue within the last 25 years. Carjacking is a felony that carries the possibility of life in prison. With so much at stake, it is vital that anyone charged with carjacking get ahead of the charge because otherwise, the individual could potentially be incarcerated for a long time.
Because of how seriously carjacking charges are treated, and the significant penalties associated with said charge, if you have been charged with carjacking, you should contact a practiced theft attorney. A theft attorney can advise you on the most appropriate Fairfax carjacking defense for your case.
The prosecution will need to prove they can identify the person charged with carjacking as the person who committed the crime. Both the prosecutor and defense lawyer will look for proof of the carjacking crime.
This process entails seeing whether this case is based on eyewitness testimony, examining the kind of identification that the individual had on them at the time, and when they were found near the vehicle later or not. Both the prosecution and the defense will also want to investigate whether the person used force for the carjacking, whether they were alone or not, and their role in the carjacking (i.e. whether they were a bystander or an active participant).
If there are eye-witnesses to the carjacking, attorneys will want to know. If there is any type of security nearby, like neighborhood security cameras. If the carjacking took place in a parking lot, the attorney will want that information, as well as what the victim said happened, and how they were able to identify the client.
Experts are not needed when determining the type of relevant evidence in a carjacking defense in Fairfax. It often comes down to witnesses. If, for example, there were fingerprints recovered from the carjacking or DNA evidence from the car, then consulting a fingerprint expert or a DNA expert may be necessary. Although, carjacking cases often come down having the victim identify the individual who stole their car.
In order to be convicted for carjacking, there needs to be indisputable proof that the person charged with carjacking committed a robbery by depriving somebody of their car or motor vehicle. Proving a carjacking or a robbery will equate to a larceny plus assault charge in court. As this is a very serious charge, a theft lawyer may be able to negotiate a sentence with a lower sentencing range or possibly get the charge reduced to a lesser offense.
If there is no resolution during the sentencing of the carjacking case, then the attorney can present the evidence to the judge and try to convince them that this should be a lesser charge. The attorney will talk to the prosecutor and the client to try to get an idea of the carjacking case against the client before figuring out the best way to handle the defense. The attorney will assess whether or not the carjacking case against their client can be fought and whether or not it will be beneficial for the individual to try working out a deal.
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