WHAT DOES FLORIDA LAW DEFINE AS CARJACKING?
Florida has added carjacking to the offenses for which a life prison sentence can be imposed. See the statute at FSS 812.133, below:
(1) “Carjacking” means 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.
(2)(a) If in the course of committing the carjacking the offender carried a firearm or other deadly weapon, then the carjacking is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If in the course of committing the carjacking the offender carried no firearm, deadly weapon, or other weapons, then the carjacking is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3)(a) An act shall 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.
(b) An act shall 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.
Contact a carjacking defense attorney
As a crime of moral turpitude that involves direct violence or threat of violence in a place where citizens expect to be secure, this is a VERY SERIOUS OFFENSE. The penalties can include up to life in prison. Never talk with the police if they are investigating such an offense, without first speaking with a Central Florida Criminal Defense Attorney. Call one of our two locations at 407 743 8430 or 407-250-9557, for a prompt and free consultation with an experienced Central Florida criminal defense attorney at The Defense Group. We are available 24 hours a day for your emergency needs, and appointments can be arranged for nights or weekends if necessary.