Larceny And Auto Theft Lawyer In Philadelphia, PA
Carjacking is a serious and specific type of auto theft which is a first-degree felony. The penalties for a conviction of carjacking could be up to 20 years in jail and up to $25,000 in fines.
Carjacking with a Child in the Car – Can I be Charged with Kidnapping?
When a car is carjacked with a child inside, the carjacker could be charged with kidnapping when the child is a minor. Carjacking with anyone else in the vehicle could result in an abduction charge in addition to the carjacking charge.
Most carjackers only want the vehicle. They may force the driver and any other passengers out using a weapon to intimidate them into getting out of the vehicle without inflicting any additional harm.
Is there any Possibility of Simple Kidnapping Charges?
The carjacker may have had no intention of taking a child from its parents when they set out to steal a vehicle. Their intention was only to steal a vehicle. However, regardless of their intentions, the carjacker could face simple kidnapping charges if a child was in the vehicle when it was carjacked.
In some situations, the carjacker will let the minors out of the car when it is safe to do so. In this case, the kidnapping charges could be minimal and may not result in a great increase in the criminal charges.
Carjacking – Does It Add an Additional Charge to Other Crimes?
When a minor child is a victim in a carjacking, the charges can be more severe and additional charges could be added. These additional charges may include kidnapping, assault, and intentional harm to a minor. If the carjacker harms the child, the current charges can increase.
Other indictments could be added to the carjacking offense that are considered lesser charges. One of these lesser allegations is theft of a motor vehicle that carries charges specific to the type of motor vehicle. Other possible indictments include unauthorized use of a motor vehicle and receiving stolen property.
If any violence is associated with the carjacking offense, the theft charge may be increased to a robbery charge. Theft combined with the threat and robbery of a motor vehicle in the presence of the owner is the definition of carjacking in Pennsylvania.
What are the Expectations for a Carjacking Case in Pennsylvania?
When someone is charged with carjacking, they need to understand that this is an extremely serious offense in the state of Pennsylvania. It is graded as a first-degree offense with a possible minimum sentence of five to ten years of incarceration and up to $20,000 in fines. Carjacking is at the top of the sentencing guidelines when the judge determines the appropriate sentence for someone convicted of this crime.
Anyone being investigated for a carjacking offense should seek the assistance of the finest car theft lawyer as soon as possible. There may be video, audio, and other kinds of evidence that could disappear as time passes. As an example, security cameras may be present on a nearby building where the alleged carjacking took place. The videos are periodically erased and used again, so gathering that type of evidence early on is extremely important.
If you are dealing with a serious charge like carjacking, you should contact an auto theft lawyer who knows how to defend such a case. The carjacking lawyer should have the appropriate resources, investigators, and paralegals working on a proper defense to the carjacking charges. The investigators can look for witnesses and video or audio footage. The paralegals are needed to prepare and submit the required filings in a timely manner. Having an experienced carjacking defense legal team ensures the best outcome for someone charged with a carjacking offense in Pennsylvania.
Regardless of the facts of your auto theft case, you need the help of an experienced criminal defense lawyer. My name is John F. Rooney, V and I’m a Philadelphia auto theft lawyer with an extensive background in representing individuals in criminal courts throughout the state of Pennsylvania. At Rooney Philly Lawyer, we can help defend you in court, reduce the sentence, or even get the charges dropped entirely.
In the eyes of the law, auto theft is a form of a property crime which occurs when a person takes someone else’s vehicle without their permission, therefore intending to keep the vehicle or destroy it. The sentence differs depending on the degree of the crime committed as well as the facts of your case. There are no two absolutely identical cases, so it may be challenging to understand your steps in court without legal advice from a professional auto theft lawyer.
Different Types Of Auto Theft In Pennsylvania
Generally, people in Philadelphia may face three main types of auto theft. You may be charged with grand theft auto, carjacking, or joyriding. There is a subtle difference between those charges that you should remember before going to court or building defense strategy:
- Joyriding is a misdemeanor and it means the temporary taking a motor vehicle without owner’s permission; normally, by a relative or someone you know.
- Grand Theft Auto is a “wobbler.” This means that it can be a felony or a misdemeanor depending on your case and the auto theft lawyer’s experience.
- Carjacking is the most serious type of auto theft. It requires threats or other violent acts towards the driver and intents to permanently deprive the owner of a vehicle. As the most serious crime, it grades as a felony of the first degree. Consulting with an auto theft lawyer is strongly recommended because it is the only way you can protect your rights in a court successfully while charged with carjacking.
Experienced Car Theft Lawyer Can Reduce Your Possible Penalties
A vehicle theft provides serious auto theft penalties such as jail or prison time, hefty fines, and moreover, it will look extremely bad on your criminal record. The law of Pennsylvania prosecutes auto theft suits extremely harshly. A knowledgeable car theft lawyer is able to mitigate your auto theft penalties.
In Pennsylvania, Grand Theft Auto is charged as a felony in most cases. It carries up to seven years in prison and up $15,000 fine. Carjacking, as a felony of the first degree, is punishable by up to $25,000 fine and up to 20 years in prison. Joyriding is the less serious crime that is charged by up to $5,000 fine and two years of prison time.
To understand all the possible defense strategies that may be available, consult with an experienced car theft lawyer.
Get A Legal Advice From The Finest Carjacking Lawyer
There are many ways how a competent carjacking lawyer can form a successful defense strategy. To get the best resolution for a client, we identify key issues that may take place like alibi, permission, identification issues, and more. All this can improve your situation during the litigation process, or even get your case dismissed.
At Rooney Philly Lawyer, you can find the best carjacking lawyers in the state to battle your case. We have a passion to always do our best and get you through this dark chapter of your life. Our office is located in Philadelphia, PA and we serve Bala Cynwyd, PA; Springfield, PA; Upper Darby, PA; and Plymouth Meeting, PA. Call your trusted Philadelphia trial attorney today to schedule an absolutely personalized consultation on your case and get your dignity back.