OFF SITE/EVENING & WEEKEND APPOINTMENTS AVAILABLE
TELEPHONES ANSWERED 24 HOURS A DAY

FREE CONSULTATION

312-629-0669

Subscribe to this list via RSS Blog posts tagged in car jacking

Illionois defense attorney,  Illinois criminal defense lawyerDifferent states have varying laws on carjacking. Many people do not understand, however, that this offense can also be charged as a federal crime. When carjacking is prosecuted at the federal level, the prison sentences for those convicted are typically much longer, and the fines are also much higher as compared to those for a conviction at the state level. Fortunately, there are possible defenses to such charges. To understand what they are, you first must understand when carjacking becomes a federal crime and what the prosecution must prove to secure a conviction.

When Is Carjacking Considered a Federal Crime?

Under 18 USC 2119, carjacking is a federal crime when a person takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce. Essentially, the vehicle must cross state or country lines for the crime to be considered a federal offense.

The law states that for federal carjacking to have occurred, a vehicle must be taken from someone else by use of force, violence, or intimidation. The statute also includes attempting to use force or intimidation, even if these attempts are unsuccessful. Additionally, under the federal statute, that force or intimidation must be done with the intention of causing death or serious bodily harm.

...
Back to Top