Police in Atlanta are searching for two more suspects after arresting a man who held a college student at gunpoint. He and two others then robbed her and stole her vehicle.
As a Georgia Criminal Defense Lawyer, I will outline the criminal offense of carjacking in the state of Georgia in today's post - also known as hijacking a motor vehicle.
Hijacking a Motor Vehicle in Georgia
Hijacking a Motor Vehicle in Georgia is defined by 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 commit the crime of hijacking a motor vehicle, a weapon or firearm must be involved. By law, firearms include: handguns, rifles, shotguns, or a similar device, which is used to expel a projectile, such as lasers and stun guns. 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.
To be convicted of hijacking in Georgia, the State must demonstrate that a suspect committed the crime beyond a reasonable doubt. This involves showing that a weapon or firearm was used to intimidate or force someone to give up possession of a vehicle. Also, it could include providing the suspect conspired to commit the crime of hijacking. Your Georgia Hijacking Attorney will help spot holes in the State's argument to try to create doubt and attempt to negate elements of the offense.
Hijacking is classified as a felony in Georgia. The penalty for a hijacking 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 convicted individual already has a prior conviction for hijacking, then the consequences are much more serious. In that situation, the penalty would be life in prison and a fine between $100,000.00 and $500,000.00.
As I try to point out every time I cover a criminal news story - it is important to note that just because someone has been accused of committing a crime does not mean that they are guilty.
An arrest is different from a conviction. If you or a loved one has been arrested, call us today.