According to reports out of Atlanta, a woman was killed when the driver of a stolen car ran a red light and hit her vehicle.
The wreck occurred at an intersection in downtown. The accident occurred after a high speed police chase. Now there are rules that govern police chases by Atlanta Police Department. According to the deputies, if its the result of a carjacking then chases are permitted.
As a Georgia Criminal Defense Lawyer, I will outline the law behind the crime of carjacking in the state of Georgia.
Carjacking in Georgia
Carjacking 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.
Call our offices today if you or a loved one has been arrested. Not everyone who has been arrested for a crime is guilty of committing a crime. Call us now.