Smyrna, Ga. - Police have reported that a BMW was stolen from a QuikTrip in Smyrna earlier today.
Unknown to the carjacker, there was an infant in the back seat of the vehicle. The suspect then drove the vehicle less than a mile down the road before abandoning the vehicle with the infant inside.
As a Georgia Criminal Defense Attorney, I will outline the law behind the offense of carjacking in the state of Georgia.
Carjacking in Georgia
Carjacking 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 be accused of committing the crime of hijacking a motor vehicle, a weapon must be involved. Georgia law defines a weapon as “an object, device, or instrument which when used against a person is likely to or actually does result in serious bodily injury or death”. 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.
Hijacking a motor vehicle is classified as a felony in Georgia. 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. The previous hijacking conviction does not have to be from a Georgia court. The conviction can be from any other state or country as long as the offense would be considered hijacking in Georgia.
Call our offices today if you or a loved one has been arrested in the state of Georgia.