Federal Carjacking

Skilled Federal Crimes Lawyer

While carjacking is generally understood as taking a vehicle from someone by force or threat of force, it is less commonly known that carjacking can be prosecuted as a federal offense and could result in severe penalties upon conviction.

If you’ve been accused of or arrested for carjacking in California, you should immediately seek a criminal defense attorney prepared to handle your defense.  Federal criminal defense lawyer Allen Sawyer is thoroughly familiar with federal laws. Those surrounding carjacking are specific; Attorney Sawyer knows the most effective defenses.

What Is Carjacking?

The crime of carjacking involves stealing a vehicle from someone after coercing the person to relinquish the car. Whether the car is taken by force or obtained after threat of bodily injury, this taking over of someone’s car amounts to carjacking. In the state of California, carjacking is a felony punishable with up to nine years in prison. If the crime qualifies as a federal offense, penalties increase significantly. For this reason, it is imperative to secure a knowledgeable federal criminal defense attorney when you’ve been charged with carjacking.

When Carjacking Becomes a Federal Offense

According to Title 18 United States Code 2119 (18 USC 2119), carjacking becomes a federal crime when the vehicle stolen has been “transported, shipped, or received in interstate or foreign commerce.” This means that if a vehicle taken in a carjacking was sold, driven, or otherwise transported across state lines, the carjacking case will be tried in federal court by federal prosecutors seeking steep federal penalties, and you will need the assistance of an experienced federal criminal defense attorney

The Law Offices of Allen Sawyer provide uncompromising state and federal criminal defense in San Jose, Stockton, Sacramento, and across California. Federal criminal defense attorney Allen Sawyer has experience handling carjacking cases that have escalated to the federal level.

Federal Carjacking Conviction Penalties

Being convicted of federal carjacking can result in extremely high fines and years behind bars. The maximum penalty for federal carjacking is fines up to $250,000 and/or a prison sentence of up to 15 years. The prison sentence increases to 25 years if serious bodily injury occurred during the carjacking; if death has occurred as a result of carjacking, convicted persons can receive life in prison or even the death penalty. With his considerable experience dealing with federal prosecutors and his familiarity dealing with federal carjacking cases, federal criminal defense attorney Allen Sawyer will prepare a strong defense to combat your federal carjacking charges.

Defenses Against Federal Carjacking

The onus is upon federal prosecutors to prove that you have committed federal carjacking. This means proving each of the following:

• You knowingly took a vehicle
• You used force or threat of force to do so
• The vehicle in question crossed state borders
• You intended to cause death or serious bodily harm in your takeover of the vehicle from another person.

Defenses against federal carjacking charges would involve arguing against the above elements; in particular, proving that the vehicle in question did not cross state lines would prevent the carjacking from qualifying as a federal offense.