Carjacking

In northeast Louisiana, the number of incidences of carjackings is on the rise. It seems I field more calls about people accused of carjacking than I have at any other time in my career. 

What is carjacking?

Louisiana defines carjacking as the intentional taking of a motor vehicle belonging to someone else, in the presence of that person or in the presence of a passenger, with the use of force or intimidation. This law is outlined in L.A. R.S. 14:64.2.  

Penalties for carjacking. 

If you are found guilty of carjacking, you shall be imprisoned at hard labor for not less than five years, no more than twenty years, without the benefit of probation, parole, or suspension of sentence.  

   The penalties for carjacking can increase depending on the situation. If the carjacking results in serious bodily injury, you can be imprisoned at hard labor for not less than twenty years, no more than thirty years, without the benefits of probation, parole, or suspension of sentence.  

   Additionally, suppose you are over the age of 18, and you entice someone under the age of eighteen to participate in the carjacking. In that case, the penalties are not less than five years, no more than twenty years, without the benefit of probation, parole, or suspension of sentence. While the time frame appears the same as carjacking, this is a factor the court will consider in determining the ultimate sentence.

   The amount of force used also determines the potential sentence. For example, if a firearm is used, the charge is upgraded from carjacking to armed robbery, which carries severely increased penalties.  

Factors that could influence sentencing:

Several factors can aggravate or increase a potential sentence. These factors include the amount of force or violence used in the carjacking, whether property was destroyed, and whether anyone was physically harmed; essentially, the more severe the injury, the more severe the potential punishment.  

Keep in mind the laws and interpretations are continually changing. As rulings come down from different courts and jurisdictions, these rules are apt to change. 

If you or someone you know has a question about the carjacking or a carjacking charge pending, do not hesitate to contact the law office of Larrion L. Hillman at 318-549-9810. This blog is not intended as legal advice, nor does it form an attorney-client relationship. Larrion Hillman practices criminal defense in Caddo Parish, Webster Parish, and Bossier Parish, Louisiana. 

And remember, keep calm and let Hillman handle it.