According to reports out of the City of Atlanta, a man who is the subject of a carjacking investigation was shot outside of a gas station in Buckhead this past Friday.
Police arrived to the gas station off of Roswell Road. They discovered the suspect in critical condition after apparently being shot in the head. The alleged victims of the carjacking reported that the suspect and two other individuals pulled up to a vehicle that was pumping gas. They allegedly attempted to carjack the vehicle from the driver, and that was when there was an exchange of gunfire.
No charges have been filed as of right now. The suspect is currently at Grady Memorial Hospital in critical condition.
As a Georgia Criminal Defense Attorney, I will outline the law behind the offense of carjacking - or by law known as hijacking a motor vehicle in Georgia. This is possibly the only charge that will come out of the incident if the man recovers and if the other suspects are apprehended.
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.
If you or a loved one has been accused of committing a serious crime in the state of Georgia, call our offices now.