Cobb County police are searching for a group of men accused of stealing a man's pickup truck. According to reports, the man left Advance Auto Parts on South Cobb Drive when another man stopped him and started a conversation with him. This was apparently only to serve as a distraction while two SUVs pulled up and boxed his pickup truck in.
The first man then allegedly pulled out a gun demanding that the man give over his wallet and his keys. According to the man, there were at least four men in total during the incident. They drove off in his pickup truck and the other two SUVs.
An investigation is still ongoing as this is the second reported carjacking in that area in February.
Carjacking is considered a severe crime in Georgia. This criminal offense has specific penalties and consequences, and it is crucial to hire a Georgia Criminal Defense Lawyer that is both experienced and knowledgable in criminal defense. In today's post, I will outline the offense of carjacking - or by law - 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.
If you or a loved one has been arrested for a crime - do not wait to contact us. A Georgia Criminal Defense Attorney can help you with your case today. You do not have to face Georgia Criminal Punishments on your own. A knowledgable attorney can explore all of your options and determine which course is the best course to take for you.
Again, your case will not defend itself. Call us now.