Spotsylvania County Carjacking Penalties

If convicted of carjacking, someone can face penalties as harsh as life in prison. An experienced carjacking lawyer can discuss the potential penalties if you are facing carjacking charges in Spotsylvania.

The most obvious example of a carjacking scenario would be if someone stops at a stoplight and somebody comes up from outside and points a gun at them tells them to get out of the car. The person gets out of the car and the person with the gun gets in and drives away.

That is an easy example of carjacking, intentionally seizing the motor vehicle with the intent to deprive them either permanently or temporarily with the threat of force.

Carjacking Charges

Somebody who has a history of carjacking penalties should consider hiring an attorney because carjacking charges are serious. The individual facing penalties does not want to go back to prison and conviction of carjacking in Spotsylvania looks bad on an individual’s record.

The most common carjacking penalty is facing much more than just a minimum of 15 years. The individual probably will not get that time suspended, meaning they are likely to be sent away for a serious amount of time.

Misdemeanor Charge vs. Felony Charge

There is no misdemeanor penalty charge for carjacking. Carjacking penalties have the added element of a crime of violence and an unauthorized use would not have any violence whatsoever. Unauthorized use that is $200 or more is still going to be a felony and unauthorized use under $200 is the only time that it would be a misdemeanor.

Prior criminal convictions definitely make the carjacking penalty sentence harsher. Virginia uses sentencing guidelines and so if a person has additional carjacking on it, it will severely increase the sentencing guidelines, which increases the total amount of time that a person must spend in prison.

Proving Carjacking

For a person to be convicted of carjacking, the prosecution basically must prove that the person intentionally seized the physical car or seized control of the motor vehicle. There are certainly other things about the intent to deprive either permanently or temporarily when considering carjacking penalties in court. The court will consider whether or not the person was in possession or control, and the additional element of some crime of violence towards another person, the threat of that violence, or presenting some deadly weapon.

Contacting an Attorney

Someone charged with carjacking should contact a criminal defense attorney immediately, as soon as they can. The potential for carjacking penalties in Spotsylvania is stronger if they have heard that there is a warrant out for their arrest or that they will be facing charges. If there is a risk of facing carjacking penalties, the individual should call a defense attorney.

If they have been arrested for carjacking in Spotsylvania, they should call a defense attorney. If their friend has been arrested and they fear facing penalties as a result, they should call a defense attorney. The sooner they can call, the better and that is because attorneys can help tell an individual what not to say in order to prevent the individual from making the case worse against them.