Carjacking Charges in Richmond
Several acts of theft can lead to a carjacking charge if it involves the use of threat, force, or intimidation and removing a vehicle from the possession or presence of another individual against their will. Carjacking penalties can be serious and they can be prosecuted heavily in Richmond. If you are facing carjacking charges in Richmond, an established carjacking lawyer will be your strongest ally in achieving the best outcome possible in your case.
Common Scenarios
There are a lot of different ways in which one can ultimately find themselves facing carjacking charges in Richmond. There is the basic Grand Theft Auto videogame-style carjacking, where an individual puts a gun on somebody’s head and actually physically takes their car from them. The individual hops in the car and drives away with it.
An individual may also be convicted of carjacking charges in Richmond despite the lack of a firearm. For instance, they may simply punch someone and take the keys. The moment that the individual has taken the keys to a car that is around or in the presence of another individual, then a carjacking is taking place.
Any threat involving anything that could be mistaken for a firearm– such as a BB gun, water pistol, or fingers pointing through a pocket—and the possession of car keys or just control a vehicle can also be considered a carjacking.
Idle Vehicles
In addition, an individual does not actually have to physically get away with the actual vehicle. Once they have taken possession of the keys through threat, force, or intimidation, then, at a technical level, they can be charged with carjacking.
In a situation where a car is running idle and yet an individual pushes somebody down and hops in their car and steals it, that would be considered force and if the taking of the car has occurred, even that little, minute use of force to shove somebody out of the way and jump in their car and drive away will be considered a carjacking.
Differentiating Factors
If an individual sneaks into an empty car and drives away with it, then that is going to an auto theft situation as opposed to a carjacking where the use of threat, force, intimidation, or weapons was used to simply get the car away from someone.
Auto theft is essentially going to be the grand larceny of a vehicle or a car, whereas carjacking is going to have that added element of threat, force, or intimidation from the presence of somebody.
The main differentiating factors between a carjacking and auto theft are twofold and involve the act of taking a vehicle from a person or their vicinity and the use of threat, force, or intimidation.
Thus the distinction between if somebody has an idling vehicle and there is no passenger in it and an individual sneaks into it and drives away, as opposed to sneaking into a car where somebody is in it, threatening or scaring them to get them out.
Why Consider Hiring An Attorney
The consequences of a conviction can be long lasting and severe in Richmond, which is why it is important to hire an experienced lawyer to build a defense and represent the case in court.
Even if an individual has already been convicted of carjacking charges in Richmond, they should consider hiring an attorney because they are going to be considered a violent felon and more than likely receive some form of jail time.
At this point, an individual is going to be looking for an attorney who can handle some post-trial motions such as a motion to rehear, motion to reopen, motion to reconsider, and also hire an attorney to assist throughout the appeals process.
