Two men have been accused of performing a carjacking in Midtown Atlanta late last night. One man has been arrested, and the other is still sought after by the Atlanta Police Department.
According to reports, the carjacking occurred near the intersection of Spring Street and 10th Street. The incident prompted a police chase.
As a Georgia Criminal Defense Attorney, I will outline the offense in today's post as laid out by Georgia Law.
Carjacking in Georgia
Carjacking in Georgia is known by law as Hijacking a Motor Vehicle in Georgia. The criminal offense is defined by the Georgia Code as:
A person commits the offense of hijacking a motor vehicle when such person while in possession of a fireman or weapon obtains a motor vehicle from the person or presence of another by force and violence or intimidation or attempts or conspires to do so. O.C.G.A. §16-5-44.1.
In order to commit the crime of hijacking a motor vehicle, a weapon must be involved. By law, a weapon is an object, device, or instrument which when used against a person is likely to or actually does result in serious bodily injury or death.
As with any other crime, the prosecution will have to prove that an accused person is guilty beyond a reasonable doubt in order for that person to be convicted of hijacking a motor vehicle. This can only be done by demonstrating that the accused person used a weapon to intimidate or force someone into giving up possession of a vehicle.
Hijacking a motor vehicle is classified as a felony offense in Georgia. The penalty if convicted can include up to 20 years in prison and a fine up to $100,000. There is a 10 year minimum prison sentence for committing this crime.
A Georgia Criminal Defense Lawyer can utilize certain Georgia Criminal Defenses to get the charge dismissed or negotiate with the prosecution to get a lower charge in the case of a wrongful accusation. A ten year minimum in prison is a very serious consequence.
If you or a loved one has been arrested in a carjacking case, contact our offices today. Attempting to figure out the criminal justice system on your own can be overwhelming. Furthermore, trying to defend your own case can be impossible. Your defense starts now - contact us today.
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