Carjacking is an aggressive and violent crime that occurs when someone robs another person of his or her vehicle. In New Jersey, carjacking is a first-degree felony that is punishable by up to 20 years in prison, and it is also an offense that may be included on the list of enumerated crimes under the No Early Release Act (NERA).
To be proven guilty of carjacking, the state must prove that you knowingly took, or attempted to take, a motor vehicle, without the consent of its owner. You must also use force to gain possession of the vehicle, or that you aimed an explicit threat at its owner. You must have a specific purpose to deprive another of his or her vehicle, and you must have used force on the owner, the owner’s passengers, or any other occupants.
A person commits the offense of carjacking when he or she takes, or attempts to take, a motor vehicle, regardless of whether the vehicle has been towed by the police. A motor vehicle includes any automobile or other vehicle that is propelled by muscular power. The law excludes bicycles and vehicles running on tracks or rails.
The Purpose of the Taking and the Owner’s Consent are also important elements of the crime. If you have been accused of carjacking, it is crucial to consult with a skilled attorney as soon as possible to ensure that your rights are protected and that the government does not attempt to suppress any evidence against you.
Your lawyer will review the charges against you and determine if you are eligible for any defenses that might be available. If you are, they will help you pursue these options in order to secure a favorable outcome in your case.
Defendants in carjacking cases often face a long period of incarceration, and it is vital to have an experienced lawyer on your side. They can help you understand how the carjacking laws of New Jersey apply to your situation and how to maximize your chances of securing a reduced sentence.
In New Jersey, the penalties for a conviction of carjacking vary depending on the circumstances and the defendant’s prior criminal history. The convicted person may be subject to fines and restitution as well as a prison sentence.
An experienced criminal defense lawyer in New Jersey is essential for anyone who has been charged with a crime like carjacking. They will be able to fight for your freedom and your freedom of movement, and they can also work to minimize the consequences of your sentence in the event that you are found guilty.
If you have been arrested for a crime in New Jersey, don’t hesitate to contact us immediately. We will be able to assist you with a free consultation and discuss your legal options. Call or fill out our online contact form today to schedule a meeting with one of our lawyers.
While most theft crimes in New Jersey dole out penalties based on the value of stolen property, carjacking differs slightly. Instead of starting at disorderly persons offenses, carjacking punishments in NJ start with first degree-plus charges and can result in jail time of up to 30 years.
If a person takes a vehicle with the intent to deprive its owner of the property, they are guilty of joyriding in violation of N.J.S. 2C:20-10. Generally, this offense is charged as a Fourth Degree Crime, punishable by up to 18 months in prison and a fine of $7,500. However, it can be upgraded to a Third Degree Crime in some cases if the thief is charged with other criminal offenses such as reckless driving, property damage or injury or endangering another person.
This is a serious issue in the state and authorities say they are on track to outpace previous records with 14,320 vehicles stolen last year and as many as 17,000 this year, according to State Police data. The increase is fueled by car gangs who recruit and train young hoodlums to steal cars.
Often, these gangs recruit children to scout for cars in their neighborhoods and then take them home. She hopes to introduce legislation next week that will require a juvenile who receives a stolen vehicle to serve 60 days of community service or incarceration in a local juvenile facility.
Aside from carjacking, prosecutors also charge people who inflict bodily harm or use force on an occupant of a motor vehicle, threaten to commit any first or second degree felony, take a vehicle while the original occupants are still inside, or attempt to commit any of these crimes. This can include threatening to kill the original occupants, showing them a gun, and even operating a vehicle while the occupant is in it.
If you are accused of carjacking in NJ, contact a knowledgeable NJ carjacking attorney to learn about your legal options and fight for your freedom as quickly as possible.
In addition to carjacking, NJ prosecutors can also charge you for unlawful possession of a weapon, possession of a weapon for an illegal purpose, aggravated assault, kidnapping, and false imprisonment. This can all lead to a long and painful incarceration period for you in a NJ prison.
Unlike general auto theft, carjacking involves physical force against the victim at the time the vehicle is taken. If the victim was injured during the incident, you may be required to pay restitution.
Theft of a Motor Vehicle in NJ: If you are convicted of carjacking in New Jersey, you can face fines and imprisonment of up to 5 years in a NJ prison. You can also have your driver’s license suspended for up to 10 years.
If you are a repeat offender of carjacking, you can also be charged with multiple other crimes that will have to be tried separately. For example, if you have a prior conviction for robbery and/or kidnapping, the prosecutor will charge you with these offenses as well as carjacking.
When you're driving, you have to keep in mind that carjacking is a very dangerous crime. It can lead to life-altering consequences if you're not able to defend yourself against the criminal. Fortunately, there are many effective defenses against carjacking that you can implement to help protect yourself and your loved ones.
First, you should take steps to reduce your risk of getting a carjacking in the first place. This can be as simple as avoiding traffic jams and parking in well-lit areas at night, both of which can make it harder for criminals to reach your vehicle.
Secondly, you should drive slowly and carefully so that there's no opportunity for a criminal to get to your car and steal it. This can also prevent you from being hit by another driver, which could result in injury or death.
You should also keep your doors and windows locked while in the vehicle, as this can provide a deterrent to potential carjackers. This can be an especially important strategy when you're traveling alone.
It's a good idea to keep a spare key in your wallet and to carry it in your pocket. This way, if you do need to get out of the vehicle during a carjacking, you can have something to open the door with and keep your key safe.
Thirdly, you should avoid leaving your vehicle unlocked in public places or on the side of the road. This is because criminals often use this as an opportunity to gain access to vehicles that are left unlocked and unsecured.
Finally, you should always leave a gap between your vehicle and the one in front of it when you stop. This will give you time to maneuver around the suspect if he's trying to grab your car.
You should also avoid parking in a neighborhood that has been known to have high rates of carjacking. This is because criminals are usually able to target cars that are located in neighborhoods where they know there are plenty of cars and that they're not being watched.
Fourthly, you should never be in a position to bargain or reason with someone who wants your vehicle. Attempting to negotiate with an attacker who has little reasoning ability is an extremely dangerous mistake.
Lastly, you should remember that you're under no legal obligation to surrender your vehicle to the carjacker. This means you can run away, scream for help, or drive as quickly as possible.
This is an extreme measure, but it can be a very effective defense against a criminal who wants your car. If you are unable to escape and end up being arrested, it can be used as evidence that you didn't want to give the car to the attacker. This can help you avoid a conviction for carjacking, which could mean you're facing less jail time.
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One University Plaza Dr Suite 210, Hackensack, NJ 07601, United States
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