Carjacking Lawyer in Orlando

Carjacking Is a First-Degree Felony in Florida

Under Florida Statute 812.133, carjacking is classified as a first-degree felony whether or not the offender carried a firearm, deadly weapon, or other weapon. When a firearm or other deadly weapon is carried during the carjacking, the statute permits imprisonment for a term of years not exceeding life. When no weapon is involved, the charge remains a first-degree felony carrying up to 30 years of incarceration under Florida’s general felony penalty framework unless a different statutory provision applies. A charge isn’t a conviction; the prosecution must prove the charged offense under the applicable legal standard.

Your reason for taking someone’s vehicle and the circumstances involved are factors that should be reviewed individually. A sentencing outcome can depend on the charging document, weapon allegations, criminal history, sentencing enhancements, evidence, and other case-specific facts.

What Does an Orlando Carjacking Defense Attorney Do?

Our attorneys begin by identifying what the prosecution must prove and what evidence supports or undermines each element.

Based on the facts and procedural posture of your case, our attorneys may take the following steps:

• Case Analysis and Investigation: We examine the evidence, witness accounts, identification evidence, surveillance or electronic records, physical evidence, timeline, and circumstances surrounding the alleged incident.
• Developing a Tailored Defense: We may challenge evidence, address inconsistencies, present mitigating factors, or develop another defense supported by the facts.
• Negotiating with the Prosecution: We may discuss reduced charges or alternative resolutions when the evidence and procedural posture support doing so. Negotiated outcomes are case-dependent and aren’t guaranteed.
• Courtroom Representation: If the case proceeds to trial, our attorneys present the defense, cross-examine witnesses, and make the applicable legal arguments.
• Protecting Your Rights: We assess whether evidence was obtained through a lawful search, seizure, arrest, or interrogation and whether a constitutional challenge is available.

Strategies for Defending Against Carjacking Allegations

The prosecution generally must prove the statutory elements, including the alleged taking, the required intent, and the use of force, violence, assault, or putting in fear. Any defense theory must be based on the available evidence rather than an assumption that a particular strategy applies.

Potential defense issues include:

• Establishing Lack of Intent: Evidence that you didn’t intend to temporarily or permanently deprive the owner of the vehicle may challenge a required element of the charge.
• Asserting Consent or Extenuating Circumstances: A reasonable belief that the owner consented or evidence of an emergency involving safety or well-being may be relevant to the defense.
• Challenging Witness Testimony or Evidence: We examine the prosecution’s evidence and witness accounts for inconsistencies, reliability problems, and gaps.
• Exploring Constitutional Violations: Violations during an arrest, interrogation, search, or evidence collection may support a motion to suppress evidence or another constitutional challenge.
• Presenting Alibi or Evidence of Innocence: An alibi or other evidence placing you elsewhere may contradict the prosecution’s timeline or identification evidence.
• Using Expert Testimony or Other Witnesses: Expert testimony or accounts from other witnesses may explain the circumstances or challenge parts of the prosecution’s case.
• Negotiating for Reduced Charges: The evidence or mitigating factors may provide a basis for discussing a plea agreement, reduced charges, or another resolution. Whether this option is available depends on the facts and the prosecution’s position.

A defense investigation may also examine identification evidence, witness reliability, surveillance or electronic evidence, statements, physical evidence, and the timeline of events. A person accused of carjacking may need to address separate allegations involving weapons, injuries, robbery, or other offenses depending on the charging documents.

Talk with Our Orlando Carjacking Defense Attorneys

Our attorneys evaluate the allegations, available evidence, alleged force or threat, identification issues, and procedural stage to develop a response tailored to your case. We can explain your rights and legal options after an investigation, arrest, indictment, or charge.

Contact Katz & Phillips or call us at (321) 425-8961 to schedule a confidential consultation and discuss your next step.