Clayton County, Ga. - According to reports out of Clayton County, the sheriff's department has arrested over three hundred people while searching for four suspects.
The four suspects have been accused of shooting an Uber driver during a carjacking. The incident occurred in the middle of last month when the driver picked up the four men from an apartment complex. It resulted in her fighting for her life. The Uber driver has been in intensive care since that time and is suffering from a spinal cord injury.
Officers are requesting the help of the public to find the suspects who are responsible. As a Clayton County Criminal Defense Lawyer, I will outline the law behind the offense of carjacking in today's post - it is also known as hijacking a motor vehicle in the state of Georgia.
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 be accused of committing the crime of hijacking a motor vehicle, a weapon must be involved. Georgia law defines a weapon as “an object, device, or instrument which when used against a person is likely to or actually does result in serious bodily injury or death”. 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.
Hijacking a motor vehicle 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, 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. The previous hijacking conviction does not have to be from a Georgia court. The conviction can be from any other state or country as long as the offense would be considered hijacking in Georgia.
Call our offices today if you or a loved one has been arrested in the state of Georgia.