Purusant to Florida Statute 812.133 ”Carjacking” means the taking of a motor vehicle which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the motor vehicle, when in the course of the taking there is the use of force, violence, assault, or putting in fear.
Carjacking is a First Degree Felony punishable by up to 30 years of Florida State Prison. If a firearm or other weapon is used during the crime, the severity and penalties for the offense are more severe.
To prove the crime of Carjacking, the State must prove the following three elements beyond a reasonable doubt:
1. The accused took the motor vehicle from the person or custody of the victim.
2. Force, violence, assault, or putting in fear was used in the course of the taking.
3. The taking was with the intent to temporarily or permanently deprive the victim of his or her right to the motor vehicle or any benefit from it or appropriate the motor vehicle of the victim to his or her own use or to the use of any person not entitled to it.
If a weapon is used in the commission of the Carjacking, the crime becomes punishable by up to life in prison (PBL).
10/20/Life Firearm Enhancement
If a firearm was used in the commission of a Carjacking, a person can also be sentenced under Florida’s 10/20/Life statute.
Pursuant to the the 10/20/Life statute, and depending on how the firearm was used, a person convicted of Carjacking could receive one of the following minimum-mandatory prison sentences:
- A minimum 10 year prison term if in actual possession of a firearm;
- A minimum 20 year prison term if the firearm was discharged; and
- A minimum 25 year prison term if someone is injured or killed by the firearm.
For a free consultation with an experienced Fort Lauderdale Carjacking Defense Attorney and to see how David J. Sobel can defend you, contact Mr. Sobel at (954) 383-3000. You will be able to speak directly with Mr. Sobel 24/7.
David Sobel is a Fort Lauderdale Criminal Attorney representing clients throughout Broward County, Miami-Dade County, and Palm Beach County and all other counties in the State of Florida.