Carjacking Defense

Charged with carjacking in Florida

Carjacking is a first-degree felony in Florida. If the State alleges a firearm or other deadly weapon was carried, the maximum becomes life in prison, and Florida's 10-20-Life law can add a mandatory minimum sentence. Few charges carry this much exposure this fast.

Carjacking cases often rest on a quick, frightening encounter and a witness's memory of it. That makes the details of identification, timing and police procedure critical. Chad M. Seibel is a former prosecutor who defends people charged with violent felonies.

Charges and penalties

Carjacking (§ 812.133(2)(b)): first-degree felony, up to 30 years in prison. Taking a motor vehicle from a person or their custody, by force, violence, assault or putting in fear, with intent to deprive them of it.
Armed carjacking (§ 812.133(2)(a)): first-degree felony, up to life in prison. The same, while carrying a firearm or other deadly weapon.

Carjacking is one of the offenses listed in Florida's 10-20-Life statute (§ 775.087). When the State proves a firearm was possessed or discharged, or that a discharge caused death or great bodily harm, the law requires mandatory minimum prison terms.

What the State has to prove

The State must prove that the accused took a motor vehicle from the person or custody of another; that force, violence, assault or putting in fear was used during the taking; and that the accused intended to deprive the owner of the vehicle, permanently or temporarily. If a weapon is alleged, the State must also prove the accused carried it.

Possible defenses

Depending on the evidence, defenses may include:

Misidentification. Stress, darkness, speed and weapon focus can make eyewitness identifications unreliable. Photo lineups and show-ups must follow proper procedure.
No force or fear. Without force, violence, assault or fear, the taking may be a lesser charge, such as grand theft of a vehicle.
No weapon. Whether a weapon was actually carried, and whether an object was a "deadly weapon," can decide the maximum sentence.
Permission or a dispute over the car. Some cases involve a vehicle the accused had permission to use or a claim of ownership.
Unlawful stop, search or statement. Evidence gathered in violation of your rights may be suppressed.

Frequently asked questions

What is the difference between carjacking and auto theft? Carjacking requires force, violence, assault or putting someone in fear during the taking. Taking an unattended car is usually charged as theft instead.

Does 10-20-Life apply if no gun was fired? It can. The law sets mandatory minimums for possessing a firearm during a listed offense, with higher minimums if it was discharged or caused injury.

Can the charge be reduced? Sometimes. Depending on the evidence, a case may be resolved on a lesser offense, or the weapon allegation may be challenged.

Talk to a defense lawyer today

If you or someone you love has been arrested for carjacking, call 407-846-8008 now for a free, confidential consultation.

Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.