Building a Virginia Carjacking Defense

In order to be convicted of a carjacking charge, the prosecution must prove that the individual seized another person’s vehicle with intent to permanently or temporarily deprive them. If you are interested in combatting the prosecution’s case, speak with a practiced theft attorney about building a Virginia carjacking defense right away.

Possible Defense Strategies for Those Accused of Carjacking

The defense strategy completely depends on the case. If it is a situation where it is a struggle between the accused and the other person in the car and the person takes control  A lawyer could focus their case on a witness in an attempt to impeach them from the case. This means, counsel will try to show that they are not credible as a witness based on their testimony.

When building a Virginia carjacking defense, lawyers may focus on disproving intent to deprive someone, possession of a weapon, and the alleged threat of violence. The person’s defense attorney will need to look at each of these elements that the prosecution must prove to try to fight it.

Initial Steps for Building a Virginia Carjacking Defense

The initial steps for a carjacking case are going to be to try to find the mitigating evidence, to try to find out what could potentially be helpful to the defense, and to preserve that. Evidence could be any videos or witness statements. Witnesses could be unreliable based on their memory, therefore it is critical to interview them right away.

Expected Evidence in a Carjacking Case

The evidence that a criminal lawyer will want to obtain is going to depend on the case. Usually, it is helpful witness statements, alibi statements, or alibi evidence. It is going to depend in the specific facts of the person’s case. Anything that puts them not there or that helps undermine the intent portion or the motor vehicle portion could potentially be helpful.

Impact of Evidence in Cases Involving Car Stealing

Physical evidence in a carjacking case can include things like fingerprints and concrete evidence of possession. All these things are things that a defense attorney is going to have to immediately start doing.

Getting the discovery from the prosecution in Virginia is a little bit of a difficult process. Defense attorneys are going to be reaching out and trying to get some of the answers even before the prosecution gives the evidence over.

What is the Role of a Car Theft Lawyer

Sometimes building a Virginia carjacking defense involves preparing for trial and fighting this case at trial. This involves speaking with the prosecutor and negotiating a deal. An attorney can fight on behalf of the accused. They can work with them to try for the outcome that they feel is appropriate in their case.

Sometimes that means finding the witnesses, preparing for trial, fighting the case at trial, and preparing a very good argument in front of the jury. Sometimes that means negotiating it down from carjacking to a misdemeanor offense or to a less serious felony offense.