Carjacking is the taking by force of a vehicle of another with the intent to deprive them of the vehicle by using force, violence, assault or putting them in fear. Both federal and Florida law include heavy fines and severe criminal penalties, including potential mandatory/minimum sentences of up to 25 years and maximum potential sentences of up to life. Mr. Petruzzi has represented numerous individuals charged with, or under investigation for, carjacking offenses by both federal and state authorities. His experience and knowledge serve as invaluable assets to his clients.
To arrange for a free and confidential consultation with respect to any federal or state carjacking offense, contact our office at 305-330-1774. For complete details about Mr. Petruzzi’s background, expertise and experience, click here.
Federal carjacking offenses are investigated and prosecuted by various agencies, including the FBI, DEA, Department of Homeland Security and the Department of Justice. Some common federal statutes criminalizing carjacking include:
18 USC Sec. 2119 –
Whoever, with the intent to cause death or serious bodily harm (1) takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, shall –
(1) be fined under this title or imprisoned not more than 15 years, or both, and
(2) if serious bodily injury (as defined in section 1365 of this title, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title) results, be fined under this title or imprisoned not more than 25 years, or both, and
(3) if death results, be fined under this title or imprisoned for any number of years up to life, or both, or sentenced to death.
Florida carjacking offenses are investigated and prosecuted by various state and local law enforcement agencies. Some common Florida statutes criminalizing carjacking include:
812.133 carjacking —
(1) “Carjacking” means the taking of a motor vehicle which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the motor vehicle, when in the course of the taking there is the use of force, violence, assault or putting in fear.
(2) (a) If in the course of committing the carjacking the offender carried a firearm or any other deadly weapon, then the carjacking is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If in the course of committing the carjacking the offender carried no firearm, deadly weapon or any other weapon, then the carjacking is a felony of the first degree, punishable as provided in s.775.082, s. 775.083, or s. 775.084.
(3) (a) An act shall be deemed “in the course of committing the carjacking” if it occurs in an attempt to commit carjacking or in flight after the attempt or commission.
(b) An act shall be deemed “in the course of the taking” if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events.