Georgia Criminal Defense Blog

Atlanta Police Department Searching for Carjacking Suspects

Posted by Richard Lawson | Oct 03, 2019 | 0 Comments

Atlanta Police as well as Brookhaven Police are still on the lookout for at least two individuals who have been accused of breaking into a dozen cars as well as stealing people's vehicles at gunpoint.

In today's post, I will outline the offense of hijacking a motor vehicle in Georgia - otherwise more commonly known as carjacking.

Carjacking in Georgia

Carjacking is also referred to legally as hijacking a motor vehicle. The criminal offense of carjacking in Georgia is defined by the law in the Georgia Code in O.C.G.A. §16-5-44 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.

To be accused of committing the crime of hijacking a motor vehicle, a weapon must be involved. Georgia law defines a weapon as “an object, device, or instrument which when used against a person is likely to or actually does result in serious bodily injury or death”. Also included under the definition of a weapon are replicas or other devices that have the appearance of a weapon as defined by the statute.

Hijacking a motor vehicle is classified as a felony in Georgia. The penalty for hijacking a motor vehicle 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. The previous hijacking conviction does not have to be from a Georgia court. The conviction can be from any other state or country as long as the offense would be considered hijacking in Georgia.

Practice Note

Carjacking is considered a very serious crime in the state of Georgia. Regardless of the severity of the crime, a person can still be wrongfully accused.

This is where step in. Contact a Georgia Criminal Defense Attorney now.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:

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