Group Picture of The Law Offices of Mark Sherman, LLC

Stamford Carjacking Lawyer

Carjacking is defined as when somebody takes the car of another without consent or right to take that vehicle. Carjacking, however, is a colloquial term, because there is no legal charge called carjacking.

The crime will either be a larceny or a robbery depending on how the carjacking is committed. If it is committed through the threat of force while the person is in it, then it will be a robbery. If it is committed without a threat of force or while the person is not present, then it will be a larceny. The degree of the charge will depend on the value of the vehicle.

If you are facing such a charge and are seeking a strong legal defense, consult with a knowledgeable injury lawyer in Stamford as soon as possible. An experienced carjacking attorney in Stamford can build a defense to help minimize or dismiss any penalties associated with the charge.

Elements of the Crime

There are a handful of elements involved in a carjacking. The taking of a vehicle from another person without the authority or consent of that person, with the intention of taking the vehicle from the person and removing it from their possession or control is the main element of the crime.

To be convicted, an individual must go through with the crime and actually take the vehicle from the other person. To combat any allegations of theft, an individual should not hesitate before contacting a Stamford carjacking lawyer.

The charge can vary a bit depending on the actions of the accused. An individual can face varying penalties depending on if they used a motor vehicle without the owner’s permission, tampered with the vehicle when they used the motor vehicle, or took it without authority or authorization and did something to affect its ability to drive.

Carjacking vs. Auto Theft

The difference between carjacking and auto theft depends on what people consider to be a carjacking. Carjacking is not a legal term. If somebody considers carjacking when somebody walks up to a person’s vehicle and takes it from the person, or forcibly removes that person from a vehicle, then the only difference in that scenario is the use of threat, the use of force, or threat of force.

Carjacking or auto theft is essentially the act of taking someone else’s vehicle without their permission, and using it for their own purposes, with the intention of depriving the owner of the ability to use that vehicle. A Stamford carjacking attorney can best help an individual understand the elements of auto theft.

Carjacking vs. Joyriding

Neither carjacking nor joyriding are legal terms, so in the colloquial sense, in terms of how people use those terms, the only difference would be what the person does with the vehicle once they get it.

A joyride is taking the vehicle for the purpose of driving it around with the intention of eventually taking it back to where they got it. A carjacking is the manner in which somebody takes the vehicle in the first place.

Usually somebody that is taking a car for a joyride will not forcibly remove it from somebody. A carjacking will not be combined with a joyride. To best understand the difference between these terms, an individual should consult with a carjacking attorney in Stamford as soon as possible.

Examples of Carjacking Scenarios

An example of what people define as carjacking is when somebody takes the vehicle of another for the purpose of going on a joyride or removing the tires or other parts of the vehicle to sell on the black market. 

Further examples of carjacking can be best explained using a Stamford carjacking attorney.

Benefit of an Attorney

After being convicted of carjacking, a Stamford carjacking attorney can provide assistance in appealing the case or seeking a pardon under certain circumstances.