Georgia Criminal Defense Blog

Uber Driver Suffers from Violent Carjacking in Atlanta

Posted by Richard Lawson | Feb 05, 2020 | 0 Comments

Authorities are still searching for two male suspects and one female suspect who are on the run after an allegedly violent carjacking in the city of Atlanta.

The victim is a 27-year-old female Uber driver. She reported that the incident occurred around 1:00 AM. When she picked up the suspects they demanded her wallet and phone. She refused and was then choked by one of the male suspects. They then proceeded to drag the woman from her car and leave her on the side of the road barefoot.

As a Georgia Criminal Defense Lawyer, I will outline the law behind the offense of carjacking in the state of Georgia - otherwise known as hijacking a motor vehicle in 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 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.

Practice Note

Felony charges such as carjacking should not be taken lightly. If facing serious charges, contact a lawyer today.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today for Immediate Help

The time is now to start preparing your defense! Many times people lose the opportunity to put on their best defense because they wait. The importance of hiring a lawyer from the very beginning cannot be overstated! Waiting allows for witnesses to leave the area, evidence to be lost, and memories to fade. All of these have a direct effect on the successful on your case. The time to begin your case and start prepping your defense is now! Contact us today to put on your best Georgia criminal defense!

Menu