Hanover Carjacking Lawyer
At its basic level, carjacking refers to the taking of a vehicle that does not belong to you by means of threat, force, or intimidation. This offense, due to the aspect of violence, carries stiff penalties making it important that a Hanover carjacking lawyer is consulted with as soon as possible to begin building a defense. To learn more or discuss the specifics of your case, call and schedule a consultation with a theft lawyer in Hanover today.
Prosecution of Carjacking Charges
Carjacking is viewed as a very serious charge by prosecutors and judges, and unlike robbery charges, where an offense can be mitigated to grand larceny, it is much less likely for a carjacking charge to be mitigated down to auto theft. As a result, it is imperative those accused get in contact with a carjacking attorney in Hanover as soon as possible to begin piecing together a defense.
Elements of Carjacking
Carjacking is not the same crime as auto theft. The main difference between carjacking and auto theft is that carjacking involves the use of threat, force, or intimidation while auto theft is simply the taking of a car. A person can break into a car at night and take it, and that would be auto theft or grand larceny. However, if somebody is in the car and the person threatens, attacks, or scares them and the person takes the vehicle through that threat, force, or intimidation then a carjacking has occurred.
For example, if someone leaves their car running while they go to an ATM and an individual gets in the car while the owner is gone and drives away, they are most likely committing auto theft. As long as the individual never talks to the owner, touches the owner, or threatens the owner it would be considered auto theft because although they took the car, there was no threat, force, or intimidation that was used.
On the other hand if someone walks up to the door of the car, opens the door and physically pulls the car owner out using their hands or a weapon, then this would be considered carjacking. Even if no physical contact was made, just the threat or intimidation would make it carjacking.
Joyriding vs. Carjacking Charges
The main difference between carjacking and joyriding is the use of threat, force, or intimidation when it comes to the taking and the intent to permanently deprive, which does not matter at all in a carjacking charge. Due to these differences, it is important to understand what offense is being charged and consult with a Hanover carjacking attorney as soon as possible.
Building a Defense
It is important to consult with a carjacking lawyer in Hanover as soon as possible so that they have a chance to gather videos and photos for the defense. These types of evidence are extremely important in carjacking cases as are statements from witnesses, or admissions of guilt from the individual being charged. In some cases the prosecution will also look at the vehicle specifically and whether it is still in the possession of the alleged victim.
