Carjacking is a term that refers to a robbery in which the item being taken is a motor vehicle. Carjacking is a felony offense in Florida, and alleged offenders convicted of this crime can receive extremely lengthy prison sentences.
Carjacking is a more serious criminal charge than grand theft motor vehicle (commonly referred to as grand theft auto) because the alleged offense involves an alleged victim being present and some act or threat of force being used in the commission of the alleged offense. Some people are charged with carjacking as the result of false identification or even when they thought that they had legal ownership or permission of the owner to take a motor vehicle.
Lawyer for Carjacking Arrests in Brooksville, FL
If you were recently arrested anywhere in Central Florida for an alleged carjacking, it is in your best interest to exercise your right to remain silent until you have legal representation. Ashley M. Aulls, P.A. aggressively defends clients accused of theft and property crimes in Spring Hill, Wildwood, Brooksville, Weeki Wachee, New Port Richey, Inverness, and many surrounding areas of Hernando County.
Brooksville criminal defense attorney Ashley Aulls will fight to help you achieve the most favorable outcome to your case that results in the fewest possible penalties. He can review your case and answer all of your legal questions as soon as you call (352) 593-4115 to schedule a free initial consultation.
Florida Carjacking Information Center
- What constitutes carjacking in Florida?
- How does the alleged use of a firearm or dangerous weapon impact sentencing in these cases?
- Where can I learn more about carjacking in Brooksville?
Carjacking is defined under Florida Statute § 812.133(1) as “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.” The crime is a first-degree felony, regardless of whether the alleged offender carried a firearm or other deadly weapon.
Florida Statute § 812.133(3) states that an act will be deemed “in the course of committing the carjacking” if it occurs in an attempt to commit carjacking or in flight after the attempt or commission of a carjacking. An act will be deemed “in the course of the taking” if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events.
While all carjacking crimes are considered first-degree felony offenses, an alleged offender can face an enhanced sentence if he or she carried a firearm or other deadly weapon. Generally, the maximum sentences alleged offenders can receive in these cases are as follows:
- Carjacking with no firearm, deadly weapon, or other weapon — Up to 30 years in prison and/or a fine of up to $10,000; or
- Carjacking with a firearm or other deadly weapon — Up to life in prison and/or a fine of up to $10,000.
An alleged offender accused of carjacking involving the use of a firearm or other deadly weapon can also face a possible mandatory minimum sentence under Florida's 10/20/Life law.
Florida Attorney General | How to Prevent a Carjacking — Visit this section of the attorney general’s website to review tips on how to prevent a carjacking. The article discusses what to be suspicious about and what to do when you are suspicious. You can also find instructions about how to use your cellular phone to immediately connect with the nearest Florida Highway Patrol station.
Fryer v. State, 732 So.2d 30, 32 (Fla. 5th DCA 1999) — Doyle L. Fryer was charged by information with first-degree felony carjacking, but requested an instruction on grand theft auto, robbery and battery, as lesser-included offenses of carjacking. The trial court refused to give Fryer's requested instructions on grand theft auto and robbery, but agreed to read the battery instruction. The Fifth District Court of Appeal reversed Fryer’s conviction for carjacking, concluding:
Given that both robbery and grand theft auto are necessarily lesser included offenses of carjacking, it was error to refuse Fryer's request for an instruction on these offenses as lesser included offenses of carjacking. When a defendant requests an instruction on a necessarily lesser included offense, the trial court is obligated to grant the request even if there was no trial evidence to support such a jury verdict and the evidence shows that this lesser offense could not have been committed without also committing the charged offense. State v. Wimberly, 498 So.2d 929 (Fla.1986); Thompson v. State, 487 So.2d 311, 312 (Fla. 5th DCA), review denied, 494 So.2d 1153 (Fla.1986).
Ashley M. Aulls, P.A. | Brooksville Carjacking Defense Attorney
Were you arrested for an alleged carjacking in Central Florida? Do not say anything to authorities without legal counsel. Contact Ashley M. Aulls, P.A. right away.
Ashley Aulls is an experienced criminal defense lawyer in Brooksville who represents residents and visitors in communities throughout Hernando County, Citrus County, Sumter County, and Pasco County. Call (352) 593-4115 or fill out an online contact form to have our attorney provide a complete evaluation of your case during a free, confidential consultation.