According to reports, a teenager has been accused of several different serious crimes in the past week. Reports show that D'Shawn Garrison is facing six different felonies. He has been arrested on the following charges after two separate incidents in the same week:
- Carjacking in Georgia
- Fleeing Police in Georgia
- Theft by Receiving in Georgia
- Aggravated Assault in Georgia
- Rape in Georgia
- Aggravated Battery in Georgia
The rape and aggravated battery charges occurred after Garrison was initially out on bond for the first set of crimes.
As a Georgia Criminal Defense Attorney, I will cover the first crime that this teenager has been accused of committing in Fulton County: carjacking in Georgia - otherwise known as hijacking a motor vehicle.
Hijacking a Motor Vehicle in Georgia
Hijacking a motor vehicle in Georgia is defined by Georgia Law 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.
There are certain elements that are unique to the crime of hijacking that must be present. First, a weapon must be involved with the crime. A weapon can include:
- Stun guns, etc.
Georgia Law also defines a weapon as any object, device, or instrument which when used against a person is likely to or actually does result in serious bodily injury or death.
In order to be found guilty or convicted of hijacking a motor vehicle in Georgia, the prosecution must prove that the suspect committing 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.
Hijacking 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 (in any state), 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.
Property crimes such as theft or hijacking are handled seriously in Georgia. This means that the penalties faced could be those prescribed by the full extent of the law.
If you or a loved one has been arrested, contact a Georgia Criminal Defense Lawyer today. We can walk you through your case and best determine the appropriate and most successful course of action.