According to reports out of Atlanta, a graduate student at Georgia Tech was the victim of a carjacking in the parking lot of his apartment complex this past week.
Two individuals - one male and one female - robbed the man at gunpoint and took his 2020 BMW 320 at the AMLI Ponce Park Apartments off of North Avenue. The apartment complex gate was broken, and people believe that is how the two carjackers got in.
Police found the car a few hours later off of Cleveland Avenue.
As a Georgia Criminal Defense Lawyer, I will outline the law behind carjacking in Georgia - also known by law as hijacking a motor vehicle.
Hijacking a Motor Vehicle in Georgia
Georgia Law defines hijacking a motor vehicle in Georgia in O.C.G.A. §16-5-44.1 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.
Hijacking is classified as a felony in Georgia. The penalty for a hijacking a motor vehicle conviction is a prison term for no less than 10 and no more than 20 years and a fine between $10,000.00 and $100,000.00. However, if the accused already has a prior conviction for hijacking, then the consequences are much more severe. In that situation, the penalty would be life in prison and a fine between $100,000.00 and $500,000.00.
Moreover, any prior hijacking conviction does not have to be from a Georgia court; it can be from any other state or country as long as the offense would be considered hijacking in Georgia.
Practice Note
Hijacking a motor vehicle is considered a severe crime in Georgia. As exemplified in the law above, hijacking a motor vehicle has specific penalties and consequences, and it is crucial to have a Georgia Criminal Defense Lawyer that is knowledgeable in the field of property crimes in Georgia.
If you or a loved one has been arrested, contact our offices today.
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