“This is my worst nightmare.” This was the report of a woman who was attacked and carjacked in a guarded and private parking garage in an apartment complex in Sandy Springs.
Authorities have arrested Malik Jones in connection to the carjacking. He is facing several charges after he attacked a woman in the Novel Perimeter Apartments. The woman was walking to her car when he walked towards her, attacked, stole her purse, phone, and keys.
“He just stole my car,” the woman stated. “He's driving away in my car. I don't know what to do ... this is my worst nightmare.”
Jones and the woman's belongings were recovered later by police. As a Georgia Criminal Defense Lawyer, I will outline the law behind carjacking in the state of Georgia in today's post.
Carjacking in Georgia
Carjacking is also referred to legally as hijacking a motor vehicle. The criminal offense of carjacking in Georgia is defined by the law in 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.
If you or a loved one has been arrested, contact our offices today. A Georgia Criminal Defense Attorney can help you with your case immediately.