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Carjacking in Florida

If accused of Carjacking in Florida, you need to know the:

• Definition of Carjacking
• Penalties for Carjacking
• Defenses to Carjacking

Definition of Carjacking

The crime of Carjacking is defined as:

1. The use of force, violence, or threat;
2. To takes a motor vehicle from another person;
3. With the intent to deprive the person or owner of the motor vehicle.

Additionally, the potential penalties increase if there was a weapon or firearm used during the commission of the Carjacking.

Penalties for Carjacking

The crime of Carjacking is a First Degree Felony punishable by up to thirty years in prison and is classified as a Level 7 offense under Florida's sentencing guidelines.

If convicted of carjacking, a judge is required to impose a minimum prison sentence of 21 months in prison and can also impose any combination of the following penalties:

• Up to thirty (30) years in prison.
• Up to thirty (30) years of probation.
• Up to $10,000 in fines.

Weapon Enhancement

If a weapon is used in the commission of the Carjacking, the crime becomes punishable by up to life in prison and will be classified as a Level 9 offense under Florida's sentencing guidelines, which would require a judge to impose a minimum prison sentence of 48 months in prison.

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.

Under 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 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.

Defenses to Carjacking

The primary defenses to the crime of Carjacking are:

• False Accusation
• Misidentification

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

Serving all of the Tampa Bay Area and Throughout Florida.

 

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William S. Foley, P.A.
Divorce and Family Law

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