When a person is guilty of carjacking in the state of New York, they have taken a motor vehicle from someone by using violence, force or intimidation. It is common for a person who commits a carjacking to be armed. This means the victim of a carjacking had their life threatened.
Anti-Car Theft Act Of 1992
The crime of carjacking was initially addressed by the U.S. Congress in the spring of 1992. The Anti-Car Theft Act of 1992 was designed to focus on the act of car theft as a whole. The reason was that car theft had become the top property crime in the country. At that time, car theft accounted for half of all property stolen from U.S. citizens. The goal of the act was to provide harsher penalties for auto theft crimes such as carjacking. This made carjacking a federal crime.
There are a number of ways a person can experience a carjacking. Their vehicle may get bumped from behind. When the victim gets out to determine if any damage occurred and exchange information, the criminal driving the other vehicle displays a weapon and takes the victim’s car. Criminals could stage an accident. When a victim stops to render assistance, the criminal again displays a weapon and takes the victim’s car. Criminals could flash a light to a victim indicating there is a problem with the victim’s car. When the victim pulls over, the criminal takes their car.
Any form of carjacking crime committed in the state of New York will be prosecuted as a felony. The penalties could vary and will be influenced by the facts involving the incident. If someone is found guilty of using a deadly weapon or if they are found directly responsible for a victim experiencing serious bodily harm, they could be found guilty of a class B felony. This will result in them spending as long as 25 years in prison. An individual charged with causing injury to a person and showing what appears to be a deadly weapon could be found guilty of a class C felony. This could result in them spending as long as 15 years in prison. If someone did have a deadly weapon during a carjacking but not use it on the victim, they could be found guilty of a class D felony. They could spend up to 7 years in prison.
Law enforcement and security experts recommend a number of things to avoid being the victim of a carjacking. Park in a well-lighted area, avoid high crime areas, avoid secluded areas with ATMs and more. If confronted, it may be safer to let the criminal have the vehicle than to challenge them.
Depending on the circumstances, there are a number of different ways to defend against a charge of carjacking in court. Some people may claim their conduct was necessary because they were facing an emergency situation and imminent public or private injury was about to occur. This has been used in situations where people were running from groups of individuals they believed were going to attack them or they had escaped from such an attack. A person is authorized by law or judicial decree, and their actions are performed as part of public service. This occurs when a law enforcement officer demands a person’s car during the pursuit of a criminal suspect. It’s also possible to prove the person charged with carjacking was trying to keep the driver from committing suicide or harming another person with their vehicle and more.
When a person is charged with carjacking, it is a very serious situation. A person will need to have an experienced attorney working for them to get the best possible results.