According to the East Point police, two suspects in a carjacking case have been arrested. The carjacking took place almost three months ago and resulted in the death of a 24-year-old man. Police are still seeking who they have said is the main suspect in the case. The reports of the crime are that the alleged victim was asleep in in the passenger seat of a car in an apartment complex in East Point. One of the three men accused of trying to break into the vehicle ended up shooting the man in the neck, and then, they took the car.
As a Georgia Criminal Defense Lawyer, I will outline the offense of carjacking in today's case. Mind you - the three men involved in this case are most likely facing several different felony charges - however, I will only focus on one of the crimes today.
Hijacking a Motor Vehicle in Georgia
Hijacking a Motor Vehicle in Georgia, otherwise known as carjacking, is defined by Georgia Law 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. O.C.G.A. §16-5-44.
To commit the crime of hijacking, a weapon or firearm must be involved. Georgia Courts have found that the term firearm includes handguns, rifles, shotguns, tasers and stun guns.
Hijacking a motor vehicle is classified as a felony in Georgia. The penalty for hijacking a motor vehicle can include a prison term between 10 to 20 years and a fine between $10,000.00 and $100,000.00. However, if this is a subsequent carjacking conviction, then the penalties are much more severe. In that situation, the penalty would be life in prison and a fine between $100,000 and $500,000.
There are situations in which the wrong person is accused of committing a crime. In those cases, there are Georgia Criminal Defenses that may apply to the case to fully defend the individual. Sometimes people are accused of more heinous acts than they actually committed. Furthermore, there are situations in which the accused individual had nothing to do with the alleged crime whatsoever.
If you or a loved one has been arrested in Georgia, contract our offices today. A Georgia Criminal Defense Attorney can help you with you case and determine the best course of action.