What is Carjacking
Carjacking is the taking of a motor vehicle by force, violence, or intimidation from the driver.
Carjacking usually occurs in the process or in the commission of another crime.
In Nevada there is no specific criminal law or statute for carjacking alone as a crime, but instead it is included in other crimes that can include one of the following offenses:
- Grand larceny of a motor vehicle- This is the actual act of stealing or attempting to steal a motor vehicle. This can be any vehicle not just a car.
- Robbery- This is the unlawful taking via force, violence or intimidation. Robbery can be charged as a carjacking crime for stealing the vehicle or other items that may be in the vehicle at the time of the carjacking.
- Assault with a deadly weapon- Using a deadly weapon such as a gun or knife to place someone in fear of bodily harm. Threatening to kill someone with a gun during a carjacking is an example of assault with a deadly weapon.
- Battery- An unlawful use of force on a person such as punching. Battery is beating someone while attempting to steal their car during an attempted carjacking.
- Murder- Deliberatley killing a person. There are different degrees of murder but if you commit murder while in the commision of a felony such as robbery you can be charged with first degree murder.
- Attempted Murder- Trying and failing to kill another. This is when you attempt to kill a person maybe by shooting or beating a person in the process of trying to carjack their vehicle.
Carjacking is also a federal crime, so in addition to facing state charges suspects can also face federal charges for federal carjacking in addition to state charges.
Will I get Prison Time for Carjacking in Nevada
Yes you will get prison time if convicted of carjacking in Nevada.
But since there is no actual statute for carjacking in Nevada your prison sentence is based on what crimes you are charged with and what crimes you are convicted of.
After trying to secure a conviction the prosecution will charge the suspects with a multitude of crimes for one offense depending on the severity of the crime.
For example, stealing a parked car is completely different from carjacking since there is a person involved in carjacking and only an object is involved in stealing a car.
The following are the penalties for the crimes associated with carjacking crimes in Nevada:
- Grand Larceny/Auto Theft- Category C felony- 1 to 5 years in prison, up to a $10,000 fine and restitution for the vehicle, for the first offense. Category B felony with 1 to 6 years in prison and a $5,000 fine and restitution of the vehicle for the 2nd offense within 5 years.
- Robbery- Robbery is a category B felony and is punishable by up to 2 to 15 years in prison. However if the defendant uses a deadly weapon in the process of the robbery then an additional 1to 15 years can be added.
- Assault with a deadly weapon-A category B felony with up to 1 to 6 years in prison and up to a $5,000 fine.
- Battery- Can be a misdemeanor or a felony depending on whether the suspect caused substantial bodily harm or used a deadly weapon.
- Murder- A class A felony and depending on the circumstances can be anywhere from 25 years to life in prison and even the death penalty. If you are convicted of murder while commiting another cirme you can be charged with capital murder witch carries a penalty of life in prison or death.
- Attempted murder- A category B felony with a sentence of 2 to 20 years in prison. If the defendant used a deadly weapon like a gun or the victim was 60 years or older the judge may add an additional 1 to 20 years.
Since carjacking is a federal crime prosecutors may press charges and defendants may face the following federal penalties:
- Up to 15 years in Federal Prison with a fine if there was no serious injury or death
- Up to 25 years in federal prison if serious bodily injury occurs
- Life in federal prison if the victim dies as a result of the carjacking
This is on top of the state charges but usually prosecutors will take the charges that force the highest penalty, but a defendant may have to fight both if charged.
Defenses Against Carjacking
Every crime including carjacking is a unique case.
That’s why hiring an experienced defense team like the defenders can make the difference between prison and walking free.
A good defense team will use facts and evidence to defend their clients.
A few potential defenses of carjacking charges are:
- Misidentified- They say 90% of all false convictions are based on some form of eyewitness testimony. Eyewitness testimony or eyewitness identifications are the most disputed evidence in any criminal case. Eyewitnesses forget or didn’t get a real good look at the suspect. Maybe it was a night or maybe the witness was afraid or intimidated by the police or even the suspect. This can all lead to false identification.
- Coerced confession- False or coerced confessions happen all the time. You might ask why would anyone confess to a crime they didn’t commit? For years police have been using illegal interrogation techniques to get a false confession. For example they may interrogate a suspect for many hours without food or water and sleep deprivation. The suspect may be so tired and hungry and think if they tell them what they want to hear they may be able to get food, water and sleep.
- The defendant was falsely accused- This usually when someone wants to get the defendant in trouble and falsely files police report.
- The defendant was lawfully given use of the vehicle- The owner of the vehicle allowed the defendant use of the car.
- The police conducted illegal search and seizure- Anything that is collected as evidence when illegal search and seizure happens a judge will rule as not admissible in court. Did the police have a warrant to search the vehicle or your home?
You should never represent yourself in a criminal case, but if you are facing felony charges such as carjacking you should hire a good defense team.
The Defenders will use facts and evidence including the defenses above to get your case dismissed or even get the possible sentence reduced.
Why Hire The Defenders
We have years of experience as Nevada’s criminal defense attorney group.
We use our own investigative team to gather evidence to defend the charges against you.
We handle all court appearances for our clients.
We have a good reputation with the prosecutor’s office and can get your charges reduced or even dismissed based on the evidence.
We can stop deportation and even get the charges sealed in the future.
We can take a case all the way to trial or get a plea bargain based on our clients wishes.
We have experienced defense attorneys on staff who can defend any crime including carjacking.
What The Defenders Can Do For You:
- Investigate your case to determine all facts and circumstances surrounding the alleged crime
- Determine whether there was police error or misconduct, or you are being falsely accused
- Go over the strengths and weaknesses of your case with you to give you an idea of how your case will stand up in court
- Inform you of all the legal options available to you
Prosecutors have a vast amount of resources available to them to find the necessary evidence to convict you.
The Defenders are well versed in the prosecution’s tactics and can help you counter them aggressively.
We have a number of creative options available to us that can convince the court to dismiss or reduce the charges against you.