Carjacking is one of the most serious offenses that a person can commit in the state of New Jersey. If you or someone you love has been charged with this crime in Morris County, you cannot afford to be without the best representation that you can obtain to fight these charges on your behalf. If convicted of carjacking in Morris County, New Jersey, a Defendant could be sentenced up too three decades behind bars. Defendant’s charged with carjacking in New Jersey, also tend to find themselves facing robbery, aggravated assault, burglary, shoplifting, credit card fraud, theft by deception, receiving stolen property and identity theft charges as well. If you or someone one you know has been charged with a criminal offense in Morris County, in towns like Morristown, Parsippany, Madison, Dover, Roxbury, Chatham, Montville, East Hanover or Florham Park, the Law Office of Jonathan F. Marshall can help. If you would like to set up a consultation with any one of the eight Morris County, NJ criminal defense attorneys on staff at the Law Office of Jonathan F. Marshall, please contact our Morristown office at 973-309-7050. Now here is some important information on the offense of carjacking, including the applicable penalties if convicted.
Morris County NJ Carjacking Defense Attorneys
The relevant statute for the purposes of this offense is N.J.S.A. 2C:15-2. Under this section of the criminal code, a person is guilty of carjacking if, in the course of committing an unlawful taking of a motor vehicle or in an attempt to commit an unlawful taking of a motor vehicle, they do any of the following things:
- Inflicts bodily injury or uses force upon an occupant or person in possession or control of a motor vehicle
- Threatens an occupant or person in control with, or purposely or knowingly puts an occupant or person in control of the motor vehicle in fear of, immediate bodily injury
- Commits or threatens immediately to commit any crime of the first or second degree
- Operates or causes said vehicle to be operated with the person who was in possession or control or was an occupant of the motor vehicle at the time of the taking remaining in the vehicle.
For the purposes of this statute, an act is deemed to be in the course of an unlawful taking of a motor vehicle if it occurs during an attempt to commit an unlawful taking or in the immediate flight after the attempt or commission of the crime. It is of note, too, based on case law that the simple act of trying to take someone’s keys from them may be a carjacking under this statute, even if you don’t ever set foot in the car.
What are the Penalties if I am Convicted of Carjacking in NJ?
A conviction for this offense is potentially life altering. Due to a concerted effort to crack down on this extremely dangerous form of theft, carjacking is a crime of the first degree, the most severe crime that a person can commit. If convicted, a person could face a term of incarceration of between 10 and 30 years. Also of note is that this offense is one with a mandatory minimum sentence. In plainer terms, this means that if you are convicted there is a period of time during which you will be ineligible for parole on your sentence. Furthermore, this offense falls under the No Early Release Act, (NERA) which in essence requires a Defendant to serve at least 85% of their sentence before they can become eligible for parole in New Jersey.
Carjacking Defense Lawyer in Parsippany NJ
All of this is not meant to scare you, rather it is to impress upon you the importance of obtaining not only competent, but the best representation that you can afford. At the Law Offices of Jonathan F. Marshall, we have over 100 years of collective experience defending against criminal charges in Morris County, including carjacking charges. Our team of 8 attorneys even include former prosecutors who know not only the ins and outs of the offense, but also how best to attack the state’s case against you. So please, if you or a loved one has been charged with this serious crime in Morris County, do not hesitate to contact us today for a free consultation with an experienced attorney about the particulars of your case.