According to reports out of DeKalb County, a carjacking occurred near Young Road and Panola Road in Lithonia.
The carjacking occurred around 5:00pm when a man's truck was stolen from him at gunpoint from an Advanced Auto Parts. The man tracked his truck to another store and confronted the man who stole his truck and the robber attempted to shoot him and then attempted to shoot the officers that showed up to the scene. As of right now, no other details have been released, and the suspect has yet to be tracked down.
As a Georgia Criminal Defense Attorney, I will outline the law behind carjacking in the state of Georgia as well as the penalty if convicted.
Carjacking in Georgia
Carjacking in Georgia, also referred to as 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.
In order to commit the crime of carjacking, a weapon or firearm must be involved. Firearms include: Handguns,
- Stun guns,
- Or any similar device that can be used to expel a projectile.
Carjacking is classified as a felony in Georgia.
The penalty for carjacking 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 it is a second or third conviction for carjacking, then the consequences are elevated. The penalty increases life in prison and a fine between $100,000.00 and $500,000.00. It is also important to note that the previous carjacking 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 a motor vehicle in Georgia.
As a Georgia Criminal Defense Lawyer, I must note that just because an individual has been accused of committing a crime in Georgia does not mean that he or she is guilty of committing that offense. If you or a loved one has been arrested, contact our offices today. We know that everyone is to be presumed innocent until proven guilty beyond a reasonable doubt.
Call us now.