carjacking-laws

carjacking laws

Criminal Defense Attorney New Orleans. Elizabeth B Carpenter Law Firm Louisiana law defines carjacking as taking of a motor vehicle, in the possession of another, from his/her person or immediate presence, against his/her will and with the intent to permanently or temporarily deprive the person of the motor vehicle, accomplished by force or fear. The law does not require that the accused feloniously take from the driver, rather his/her taking from the immediate presence of the passenger will suffice. The phrase “felonious taking” refers to the act of illegally taking something, which obviously encompasses the act of a defendant taking a car that he/she does not legally own or have a right to access.
Consulting with an experienced New Orleans carjacking defense attorney in the early stages of investigation or upon arrest will allow an accused to effectively defend his/her case. Elizabeth Carpenter carjacking defense lawyers New Orleans can help any defendant fight any carjacking charge. Louisiana Carjacking Laws are considered a robbery, carjacking encompasses a broader range of conduct. For a robbery conviction, the accused must have the intent to deprive the person permanently of his/her property. In a carjacking conviction, the on who steals the car may have either an intent to deprive the person permanently or temporarily of his/her property. For example, a person who takes the car of another with the intent to joyride and subsequently returns the vehicle is still exposed to carjacking charges, however he/she cannot face robbery charges but will face joy ride charges. A person convicted of carjacking may face imprisonment in state prison. Consulting with an Louisiana carjacking defense lawyer will help to alleviate these potentially harsh punishments. The prosecution must prove several elements in your case, such as whether the vehicle was taken against the alleged victim’s will. To prove an accused guilty of carjacking, the prosecution bears a significant evidentiary burden. The New Orleans carjacking lawyers at Elizabeth Carpenter is experienced with the Louisiana laws of burden in carjacking cases in New Orleans. Please contact Elizabeth Carpenter New Orleans carjacking defense attorney with questions of the what you will be facing in car jacking charges. They will have to prove that you took the motor vehicle, that was not his/her own. The vehicle was taken from the immediate presence of a person who possesses the vehicle or was its passenger. The vehicle was taken against that person’s will. The defendant used force or fear to take the vehicle or to prevent that person from resisting; and when you used force or fear to take the vehicle, he/she intended to deprive the other person of possession of the vehicle, either temporarily or permanently. A carjacking charge requires that the you as a defendant has the specific intent to take away, or temporarily deprive the owner of the vehicle, either before or during the time he/she used force or fear to commit the robbery. When intent is formed after his/her use of force or fear, the person has a defense against carjacking. The prosecutor must show that the vehicle was taken against another’s will or stolen from another person. The car owner or possessor gives any kind of consent to the other person who takes the vehicle, then the prosecutor will be unable to prove carjacking. Then it could be deemed a joy ride case. The term “take” refers to the moment when a person gains possession of an object/property and moves that object/property some distance. They must prove that you had control over or a right to control the object/property, either personally or through another person. The term “fear” includes any fear of injury to the person himself/herself, or injury to the person’s family or property, or immediate injury to someone else present during the incident or his/her property. Any situation in which the object/property is sufficiently within the person’s control, such that he/she could keep possession if not prevented by force or fear. A top New Orleans defense attorney will be able to raise several defenses to the carjacking charges against you. Although carjacking is a serious charge under Louisiana law, an accused may be able to raise viable defenses that could entirely release him/her from criminal liability. Consulting with a carjacking defense lawyer New Orleans in the early stages of investigation will help a criminal defendant to determine if he/she may utilize any of the below defenses. The accused may raise the following defenses, if applicable in his/her case, to potentially avoid penalty or punishment. A carjacking charge requires that the accused take the vehicle against another person’s will. If the vehicle owner or possessor consented to the accused’s use of the vehicle, the accused cannot face carjacking charges. After consenting, the owner cannot later claim that the accused feloniously took the vehicle against the owner’s will. Please contact the carjacking defense attorneys of Elizabeth Carpenter if you believe this defense may apply to your case. A defendant armed with a firearm during a carjacking, or an attempted carjacking, will face an additional time in prison. A defendant who uses a deadly or dangerous weapon during a carjacking, or an attempted carjacking, will face an additional time. The term “deadly weapon” includes any object, instrument or weapon that is inherently deadly or dangerous, or one that is used in such a way that it is capable of causing, and likely to cause, death or great bodily injury. If you have any questions more specific to your carjacking case, call Elizabeth Carpenter. Consulting with an experienced and aggressive carjacking defense attorney in New Orleans is the most effective way to structure your strongest defense. Please contact the carjacking defense lawyers in Louisiana at Elizabeth Carpenter if this question applies to you. Carjacking charge does not require that the defendant take the vehicle, rather includes the act of taking the victim’s car keys. A “felonious taking” includes circumstances where the victim does not remain with the vehicle. Thus, even if the person leaves the car while the carjacking takes place, the defendant may nonetheless be criminally liable. Please contact the carjacking defense lawyers in Louisiana at Elizabeth Carpenter for further questions about the phrase “felonious taking”. Contact experienced and reliable carjacking defense attorney Elizabeth Carpenter New Orleans. (504) 599-5955 201 St Charles Ave Suite 2500, New Orleans, LA 70170

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By |2020-03-20T19:17:26+00:00July 19th, 2015|
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