In Texas, carjacking is a second-degree felony punishable by a $10,000 fine and a mandatory minimum prison term of two to 20 years. Working with a seasoned theft attorney when you are charged with carjacking could help you avoid a severe penalty.
Each carjacking case requires a comprehensive approach to defense. A College Station carjacking lawyer could help evaluate your case and build a solid defense. You could make irreversible mistakes without legal assistance, so call The Greening Law Group today to schedule a consultation.
Auto theft is a crime that involves taking the vehicle from the owner without their consent. Even if the person who took the car abandons it after the fact, they are still guilty of theft. Depending on the circumstances of the crime and the cost of the vehicle, charges can range from a state jail felony to a first-degree felony.
Carjacking is a different crime that involves taking the car from the owner by force. Since it involves direct threats and aggression, carjacking is considered to be more serious than auto theft. Texas Penal Code classified it as a robbery, which is usually a second-degree felony.
In some cases, carjacking can be considered a federal crime if the person who took the vehicle transported it between states. Federal carjacking crimes can have more severe penalties than state offenses.
The success of the defense in a carjacking case depends on the circumstances, the evidence, and the skills of your College Station lawyer. Since multiple nuances usually surround these cases, each requires a combination of approaches created by the legal team. Some of the common defenses include the following:
Carjacking usually involves intent to deprive the owner of their vehicle permanently. If your legal team can show that you lacked this intent, the charge may not stand. For example, if you were fleeing danger and only temporarily took the vehicle to save your life.
This defense applies if the defendant committed the carjacking under threat of immediate harm to themselves or someone else. For example, if another individual forced you to participate in the carjacking by threatening violence.
This defense focuses on challenging the prosecution’s ability to prove the elements of carjacking beyond a reasonable doubt. A criminal defense attorney could question the reliability of evidence, such as surveillance footage, witness testimony, or forensic findings.
While a conviction of a carjacking crime comes with a minimum prison sentence, it may be possible to reduce the penalty to probation. This possibility depends on several factors, including the circumstances of the offense and your criminal history.
Texas law allows probation for some first-time offenders, primarily if the crime did not involve serious bodily harm or the use of a deadly weapon. As a carjacking lawyer in College Station could further explain, a strong legal defense, mitigating circumstances, or a plea agreement may increase the chances of probation.
You must speak with a competent legal professional when you are arrested for carjacking. Your case outcome depends heavily on your defense team’s skills.
At the Greening Law Group, we fight to minimize the penalty and protect your rights. Call us today to schedule a case evaluation with a College Station carjacking lawyer.