According to reports out of Florida and Georgia, a man who has been accused of a crime spree in Florida was arrested in Georgia after an alleged carjacking and police chase in Atlanta over this past weekend.
The man has been accused of not only the carjacking and the police chase here in the state of Georgia but is facing charges of aggravated assault, armed robbery, murder, and rape in the state of Florida.
As a Georgia Criminal Defense Lawyer, I will only focus on one of the offenses that the suspect is facing in Georgia: hijacking a motor vehicle.
Hijacking a Motor Vehicle in Georgia
Carjacking is also referred to legally as hijacking a motor vehicle in Georgia which 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 have been arrested in Georgia, contact our offices now.