Richmond Carjacking Lawyer
As defined by Richmond law, carjacking is the taking of a vehicle through the use of threat, force, or intimidation and can also be boiled down to a robbery of someone of a vehicle. The element of a carjacking is not only the theft itself but the taking with the intent to deprive the owner or possessor of a motor vehicle. There is not an intent to permanently deprive, just an intent to deprive them of a motor vehicle from that person’s presence against their will.
A carjacking offense will also include the taking must be done by means of threat, by force, or by intimidation. Experienced carjacking lawyers work with all types of theft cases all the way from petty larcenies to carjacking, robberies, cases with firearms involved, and those particular crimes. A Richmond carjacking lawyer can help you assess the evidence of your case and how to use it as a benefit to your defense.
Difference to Joyriding
Joyriding in Virginia is referred to as an “unauthorized use”, meaning, the borrowing of somebody’s car for a limited purpose without their permission, so the use or taking of a vehicle with the intent to temporarily deprive them of the vehicle as opposed to permanently depriving them of the vehicle.
Carjacking can be the permanent deprivation of a vehicle. The court and the Code do not differentiate between permanent and temporary depriving of another’s vehicle. Once the vehicle is taken by threat, force, or intimidation, then it is a carjacking.
The main difference between the two offenses is the use of threat, force, or intimidation. An individual’s penalties are going to be significantly different from a carjacking because it is considered a much more serious, violent offense. Joyriding or unauthorized use is not considered a violent offense and only carries up to five years in jail and a Class 6 felony.
Separate Charges Included
Carjacking cases can include larceny charges because there is a taking against the will of another individual, an assault, and a battery, or a battery depending on the facts of a specific carjacking but there is always going to be an assault and a carjacking. Richmond carjacking lawyers have seen the element of fear of bodily harm to the individual who is being carjacked. Robbery and carjacking are essentially the same offense. The only difference between a robbery and a carjacking is that a carjacking always involves a motor vehicle and a robbery can involve any type of property or money.
Meeting with a Richmond Carjacking Lawyer
Carjacking is akin to the robbery of a motor vehicle. When an individual is looking and dealing with a carjacking case, the stakes are high, and the consequences are going to be dire. An individual is going to want to have an attorney on their side in order to help protect their rights and freedoms, every step of the way.The first thing an individual should expect when meeting with a Richmond carjacking lawyer is having a conversation about the next logical steps they should take depending on where they are and the legal procedure in reference to the carjacking.
If they have already been charged, they should look for information as far as attaining a bond, setting court dates, and preparing for trial. If they are near investigatory stages, then they should be looking for information as far as what to say and not to say the police, if there is a high chance that a warrant is going to be issued, the proper time for when to turn them in and prepare to go forward with a hearing that way.
An individual should be looking to speak with a competent attorney who can be of some service to them as far as what the next steps they should take in order to protect their rights and freedom but also prepare for the forthcoming legal procedure.
