Somerset County NJ Carjacking Lawyer
By far one of the most serious crimes in all of New Jersey is carjacking. This is considered a first degree felony offense in New Jersey and as you will see below, if convicted a Defendant will face up to thirty (30) years in a State Prison. Furthermore, an individual charged with carjacking in New Jersey may also be forced to be detained in the Somerset County Jail, pending trial, without bail. Based on the new bail guidelines, if the prosecution is seeking to detain a Defendant in jail, without bail pending trial they must first file for a Detention Hearing. These hearings can and always should be contested. If you would like to speak to one of our experienced Somerset County defense attorneys about your options then please contact us at (908)533-1064.
Most individuals charged with carjacking in New Jersey also tend to find themselves facing robbery, burglary, automobile theft, receiving stolen property, unlawful possession of a weapon, aggravated assault on a police officer and aggravated assault. These are all extremely serious charges and as such require the assistance of an experienced criminal defense lawyer. If you would like to come into our office for a face to face consultation then please contact us at (908)533-1064. We can discuss the specific facts of your case and we will give you our honest feedback on how we think we can be of assistance. We serve all of Somerset and Hunterdon County, including towns like Franklin, Somerville, Bound Brook, South Bound Brook, Plainfield, North Plainfield, Bridgewater, Flemington and Clinton. As always, our initial consultations are free of costs. So if you have any questions whatsoever, please do not hesitate to contact us. Now here is some information on carjacking charges in New Jersey, including the penalties if convicted.
Carjacking Defense Lawyer in Flemington NJ
Carjacking Charges in NJ: NJSA 2C:15-2
The offense of carjacking is essence the unlawful taking of a motor vehicle by the use of force or the threat thereof. So by its very nature, the offense of robbery is a lesser included offense of carjacking. In other words, you cannot have a carjacking without having robbery. The governing statute in New Jersey for carjacking is NJSA 2C:15-2. In order to be convicted of carjacking in New Jersey the prosecution must prove the following elements beyond a reasonable doubt:
- That the Defendant was in the course of committing a theft of a motor vehicle; &
- During the theft, the Defendant committed one of the following:
- Inflicted bodily injury or used force upon an occupant or person in possession of said motor vehicle; or
- Threatened an occupant or person in control with immediate bodily injury; or
- Committed or threatened to immediately commit a crime of first or second degree: or
- Operated or caused said vehicle to be operated and in doing so, forced the person who was in control of the motor vehicle at the time of the taking to remain in the vehicle.
It is important to note here that the “in the course of committing a theft” means in the course. It cannot be something that happens prior to. In other words, the theft of the motor vehicle cannot be an afterthought. For example, if a Defendant is to get into a fight with an individual and after during the fight the Defendant decides to take the victim’s keys and flee the scene with the victims motor vehicle, it will not be considered a carjacking. The assault was not committed during the commission of the theft. With that being said, it will be considered a robbery. For more information on carjacking charges in New Jersey please contact our office at (908)533-1064.
How much Jail Time on a Carjacking Charge in NJ?
Although carjacking is a first degree felony offense in New Jersey, the penalties are enhanced then most first degree charges. If convicted, a Defendant will face the following penalties:
- 10 to 30 Years in Prison;
- No Early Release Act Applies – Defendant must serve at least 85% of their sentence before they can become eligible for parole.
- $200,000 Fine;
- Felony Criminal Record.
Franklin County Carjacking Defense Attorneys
If you have been charged with a crime like carjacking, burglary, robbery, endangering the welfare of a child, possession of a weapon for unlawful purpose or terroristic threats in Somerset or Hunterdon County the criminal lawyers at Proetta & Oliver can help. Our team will aggressively challenge the evidence presented against you in order to obtain a favorable outcome. We serve all of Somerset County, including towns like Franklin, Warren, Bridgewater, Clinton, Raritan, Readington, Somerville, North Plainfield and Watchung. If you would like to speak to one of our criminal defense attorneys about your options then please contact us at (908)533-1064. We are available around the clock to help assist in any way possible.