Under Florida Statute Section 812.133, the crime of “carjacking” requires proof of the following elements of the offense beyond all reasonable doubt:
- the taking of a motor vehicle;
- which may be the subject of larceny from the person or custody of another;
- with intent to either permanently or temporarily deprive the person or the owner of the motor vehicle; and
- when in the course of the taking there is the use of force, violence, assault, or putting in fear.
Although people typically think of carjacking as involving a stranger trying to steal their vehicle, many of these offenses involve people who know each other or who were previously involved in an intimate relationship.
In Hillsborough County, FL, the defendant is not eligible to post bond for carjacking or any offenses included under section 812.133, Fla. Stat., until after the first appearance hearing in court.
In these cases, it is important to have an attorney at the first appearance bond hearing so that you have the best chance of getting the bond set as low as possible and the most favorable pretrial release conditions.
Attorneys for Carjacking Crimes in Tampa, FL
If you were arrested for carjacking in Hillsborough County or one of the out counties in the Tampa Bay area, then contact an experienced criminal defense attorney in Tampa, FL, at Sammis Law Firm.
We represent clients charged with a variety of robbery crimes including home invasion, robbery by sudden snatching, strong-arm robbery, and carjacking.
Contact us to find out more about the charges pending against you, the potential penalties that might apply to that offense, and the best ways to fight the charges.
Call (813) 250-0500.
Penalties for Carjacking in Florida
Under Florida Statute Section 812.133(b), if in the course of committing the carjacking the person accused of the crime does NOT carry a firearm, deadly weapon, or another weapon, then the carjacking is charged as a felony of the first degree, punishable by up to thirty (30) years in Florida State Prison as provided in s. 775.082, s. 775.083, or s. 775.084.
The penalties are enhanced if the carjacking involved a firearm or deadly weapon. Under Florida Statute Section 812.133(2)(a), if in the course of committing the carjacking the offender carried a firearm or other deadly weapon, then the carjacking is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084.
As explained in Florida Statute Section 812.133(3)(a), an act is deemed to be “in the course of committing the carjacking” if it occurs in an attempt to commit carjacking or in flight after the attempt or commission.
Florida Statute Section 812.133(b) explains that an act is deemed to be “in the course of the taking” if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events.
This article was last updated on Friday, December 31, 2021.