Smyrna, Ga. – Cobb County Police are investigating a possible carjacking that resulted in the death of a school teacher in Smyrna.
According to officers, the teacher was shot after returning home to his apartment off of Cumberland Parkway. They are currently investigating the incident.
As a Georgia Criminal Defense Lawyer, I will outline the crime of carjacking as it is written by Georgia Law.
Carjacking in Georgia
Carjacking in Georgia which is known as hijacking a motor vehicle by law is defined in O.C.G.A. §16-5-44.1 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 weapon or firearm must be involved. A firearm includes handguns, rifles, shotguns, or a similar device, which is used to expel a projectile. Firearms include tasers and stun guns.
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. Furthermore, the previous hijacking conviction does not have to be from a Georgia court; it can be from any other state or country as long as the offense would be considered hijacking in Georgia.
Practice Note
Call our offices now if you or a loved one has been arrested in the state of Georgia. We can determine which defenses might apply to your case and how best to represent you. Call now.
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