Miami, FL Carjacking Defense Lawyer

Aggressive Attorney Defending Against Felony Carjacking Charges in Miami, Florida

Carjacking is one of the most serious theft-related crimes under Florida law. However, it is treated differently than many other forms of theft, and since it involves the use of force or threats, it is classified as a violent crime. Because of the harm that may be done to victims, law enforcement officials and prosecutors take carjacking cases seriously, and those who are convicted of this offense are likely to face lengthy prison sentences.

If you have been accused of carjacking or other related offenses, you need strong legal representation to challenge the charges and protect against a conviction. At The Hoffman Firm, our experienced attorney can provide you with effective legal counsel, and we will work with you to develop a strategic defense while fighting for you every step of the way.

Understanding Carjacking Under Florida Law

Carjacking is classified as a violent felony under Florida law. This offense involves unlawfully taking a motor vehicle from another person using force or threats. This distinguishes carjacking from other forms of auto theft, as it involves direct confrontation, intimidation of a vehicle's owner or other parties, and the threat of violence.

While both carjacking and auto theft involve taking a vehicle without the owner's consent, carjacking is a more serious offense due to violence that could involve injuries, threats that cause someone to fear that they will suffer harm, and the possible use of weapons. Auto theft, on the other hand, may involve stealing a vehicle without directly confronting the owner or the person who possessed the vehicle. It will typically be charged as grand theft, which carries less severe penalties than carjacking.

Penalties for Carjacking Charges in Florida

Carjacking is classified as a first-degree felony, which places it among the most serious criminal offenses that a person can face. In most cases, a conviction for carjacking may result in a maximum prison sentence of 30 years, along with potential fines of as much as $10,000. However, if a person is accused of carrying a deadly weapon such as a firearm while committing carjacking, they could be sentenced to life in prison. A conviction for a life felony may also result in a fine of up to $15,000.

Potential Defenses Against Carjacking Charges

A strong defense strategy is crucial when challenging charges of carjacking. Our attorney will carefully evaluate the details of your case to build an effective defense against a conviction. Some legal strategies that could be used in these cases include:

• Lack of Force or Threats: Since carjacking requires the use of threats, force, or violence, our defense attorney may argue that you did not use intimidation or coercion to take a vehicle. If the alleged victim willingly handed over their car, carjacking charges may not be appropriate.
• Mistaken Identity: Carjacking cases often rely on witness testimony, which can be unreliable due to stress or poor visibility during the alleged incident. Our lawyer can challenge inconsistent statements or use alibi evidence to prove that you were not present at the scene of the crime.
• False Accusations: In some cases, a person may be falsely identified and charged with carjacking due to police errors or other issues. Our attorney can investigate the motives of accusers and find inconsistencies to expose false accusations.
• Lack of Sufficient Evidence: Our lawyer can challenge weak or circumstantial evidence, question the credibility of witnesses, and dispute forensic evidence that may be inconclusive or improperly handled, arguing against a conviction because there is reasonable doubt about whether you committed the offense in question.
• Duress or Coercion: If you were forced to participate in a carjacking due to threats or coercion from another person, this may serve as a defense. Evidence showing that you were acting under immediate threat of harm can be used to reduce charges or seek a dismissal.
• Constitutional Violations: If law enforcement officers violated your constitutional rights—such as by failing to read your Miranda rights or coercing a confession—our lawyer can move to have evidence suppressed, which can weaken the prosecution's case.

Contact Our Miami Carjacking Charges Attorney

A conviction for carjacking can have severe legal and personal consequences that will affect you for years to come. Facing these charges without legal representation can put you at risk of a lengthy prison sentence and a permanent criminal record. At The Hoffman Firm our Miami carjacking lawyer is ready to provide you with skilled legal representation, helping you take the right steps to resolve your case successfully. Contact our office today at 305-249-0090 to schedule a free consultation and begin building a strong defense.