Definition: What is Carjacking?
Under the law, there is no distinction between carjacking and auto theft. The legal definition of the crime of carjack is the unlawful taking of a motor vehicle from the possession of a person by force or threat of force. Notably, because no carjacking conviction can occur unless the government proves that the motor vehicle was in the actual presence of another person (who must be present in the motor vehicle at the time), the existence of this simple fact alone means that there cannot be a charge of larceny or grand theft auto because those are both based on the unlawful taking of property not in the possession of another person . While these two elements are very similar, there is an important distinction which exists in the law and is vital in these cases. Larceny and grand theft auto involve any property taken from a location accompanied by a threat to the owner or possessor of the property – it is not critical that your car be taken from you anywhere but the street or your driveway. In fact, this can be accomplished by simply falsely leading someone to believe that you have permission to use their car (they do not). This is enough to sustain a carjacking charge, so intense examination of the conduct in question is usually required.
What Are the Legal Penalties for Carjacking?
The penalties for car jacking in most jurisdictions are severe, including long prison terms, large fines, restitution, community service, the forfeiture of property, and the loss of rights. Car jacking is classified as a felony in every state but the penalties vary greatly from state to state. For example, the penalties for petty car theft vary greatly from state to state. Some states only charge for misdemeanors while others will charge felonies with up to five years in prison and $10,000 in fines. While carjacking is defined as the "forcible stealing or taking by coercion or intimidation" of a moving vehicle in all states, the penalties vary widely from state to state. For example, in Florida, the penalty for conviction is a first degree felony punishable by up to life in prison. Connecticut charges a car jacking as a Class B or C felony, depending on the severity of the crime, with a penalty of one to twenty years in jail and fines starting at $1,000. Illinois also makes robbery a Class 2 felony with punishments including three to seven years of probation and one year in prison. Many states have been recently increasing their penalties for carjacking as it has become a more frequent crime and is a crime of violence.
Carjacking Cases: State vs. Federal Jurisdiction
Carjacking cases are unique in that they fall under both state and federal statutes. When the crime occurs in a jurisdiction with a state law prohibiting the act, it is generally handled by the state authorities. However, when the crime impacts on commerce because the vehicle was involved in interstate commerce, or if the crime occurred on or impacted interstate highways, then the federal government’s Magnuson Act may apply.
The Magnuson Act, codified at 18 U.S.C. § 2119, makes it unlawful to steal or attempt to steal a motor vehicle which is a part of interstate commerce. It also covers vessels and aircraft. Sentencing under the Magnuson Act is made according to 18 U.S.C. § 1951. More specifically, carjacking is classified as a crime of violence because criminal intent is inferred from the inherent dangers of perpetrating the crime. Congress believed that the risk to both the defendant and the victim was such that the defendant should be subject to heightened penalties for his crime.
Common Defenses for Carjacking Charges
Defenses to a carjacking charge in New Jersey are few but do exist. Here, we will discuss some of the most common carjacking defenses that our attorneys have come across. A crucial point to make right off the bat is that these are not the only defenses available and your case may be impacted by additional factors. Even if you have been charged with or arrested for carjacking it does not necessarily mean that you will be convicted.
Fake or Mistaken Identification
In some cases, the person who reported the crime may have misidentified you as the perpetrator or they were mistaken about what occurred and later realized this fact only after you had already been charged. In such situations, your attorney will present this evidence and more to support your claims of innocence.
Lack of Intent
Another possible defense to carjacking is an absence of intent or malice. If you were not intending to use force against the alleged victim , then an important element of carjacking is missing. Similarly, if you did not have the intent to permanently deprive the owner of their vehicle, another requirement for carjacking to be legally established, this element is also absent or weakened.
Parental or Other Authorization
If you had permission from your parents or someone else to take the car in question, this would indeed be a viable defense against a car theft or carjacking charge in New Jersey. This is because without malicious intent to deprive the car’s owner of his or her property, you cannot be charged with carjacking.
Psychological Compulsion
Carjacking may not be a feasible charge if you were acting under a certain psychological compulsion. For example, if you genuinely believed that taking someone’s car was required to save your life, you may be able to mount an affirmative legal defense against carjacking.
How Carjacking Affects Victims
The immediate physical impacts of a carjacking incident can be devastating. Injuries can range from mild to life-threatening. In addition to exceeding the financial means of many, medical care and the cost of replacing the vehicle often prove to be tremendously stressful for victims of these crimes. Lost wages add yet another level of financial stress which is often difficult for victims to manage. Compounding the deeply traumatic physical and financial impacts of carjacking are the psychological effects. The trauma of a carjacking can haunt victims for years to come both psychologically and emotionally. The trauma of the crime can lead to PTSD and a serious anxiety of driving in or being near a vehicle. PTSD is debilitating. Victims diagnosed with PTSD may find it very difficult or impossible to resume work, school, social life and family obligations in their previous capacity. A PTSD diagnosis can be deadly and treatment with the use of powerful addictive and sedative medications is often required. Fortunately, the legal system provides support and protection to victims of carjacking. Those impacted have significant rights. Damages for serious injuries sustained in a carjacking incident may allow you to sue for physical injury as well as psychological trauma.
Prevention & Public Safety Measures
One promising area of success in the U.S. carjacking crisis is proactive prevention through education and community programs. These initiatives encourage drivers to adopt precautions such as awareness of their surroundings and secure parking with a solid steering wheel lock.
Legal initiatives have also played a role in this effort. Lawmakers have allocated additional taxpayer funds into anti-carjacking programs. Complainant victims have been invited to speak on their medical, psychological , and other economic needs. Lawmakers and cities have also offered taxation credits for auto insurers who offer discounts on those who install security devices or engage in other ways to protect their vehicles.
Insurance companies have also gotten more involved in the push to reduce carjackings, sponsoring programs to train law enforcement in the latest tracking technology for locating stolen vehicles. Over the past year, Ford Motor Company also lent their support to Washington D.C. in cracking down on gangs.