According to reports out of Woodstock, two young men have been arrested for a violent carjacking.
The suspects have been accused of approaching a woman at a local gas station with a gun. They demanded that the woman hand over her purse as well as the keys to her car. She ultimately escaped and called 911. The two men were arrested shortly thereafter.
They are facing charges of:
- Armed Robbery in Georgia
- Aggravated Assault in Georgia
- Entering Auto in Georgia
- Theft by Taking in Georgia
As well as carjacking - otherwise known as hijacking a motor vehicle. As a Georgia Criminal Defense Lawyer, I will outline the law behind hijacking a motor vehicle in today's post.
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.
The men in the story above are facing some very serious felony charges. However, just because they have been accused of these crimes does not mean that they are guilty of all of them or even a few of them. No one is to be presumed guilty based off of an accusation. There are Georgia Criminal Defenses that may apply in this situation.
If you have been arrested for a serious felony charge or even a misdemeanor offense, call our offices today. We have options for you.