Carjacking is directly taking a vehicle from another person. While it might seem like regular auto theft, it’s not the same. It’s distinct in a way that involves force, violence or threats against the person in the vehicle. Those facing carjacking offenses can see time in jail and penalties such as lengthy prison sentences of up to 30 years and fines up to $10,000.
Some might question whether the law treats trying to carjack a vehicle differently than actually succeeding. In Florida, both attempted and completed carjackings are serious felonies, with similar punishments.
Trying to carjack a vehicle is still a felony offense
In Florida, even if someone doesn’t manage to take the vehicle, trying to carjack it is still a serious crime. If they used force, violence or threats, it’s still considered carjacking. Here’s what the law says:
- Legal classification: Like completed carjacking, it’s typically charged as a first-degree felony.
- Penalties: Attempted carjacking can result in up to 30 years in prison and fines up to $10,000.
- Proof of intent: Prosecutors must show that the defendant intended to take the vehicle by force, even if they didn’t succeed.
- Aggravating factors: Using a weapon while trying to carjack a vehicle can increase the penalties.
- No distinction in severity: The law treats trying and succeeding at carjacking almost the same when it comes to potential punishment.
Whether the defendant drives off with the car or not, trying to forcibly take a vehicle from someone is seen as a serious threat to public safety.
Can carjacking still count as theft?
While carjacking does involve taking a vehicle without permission, it’s legally different from simple theft. Simple theft typically involves taking property without the owner’s consent, while carjacking includes some sort of force or threats against a person.
Those facing allegations of attempted carjacking should know how they can defend themselves against such a crime. Since prosecutors must prove intent to take the vehicle by force, a defense might focus on challenging this intent. Mistaken identity or lack of intent to use force could be potential defenses. Arguing these points in court can be complex. A legal professional can help with addressing these charges.
