Hijacking a Motor Vehicle O.C.G.A. 16-5-44.1
You Need a Tough Legal Team to Fight Your Hijacking a Motor Vehicle Charge inAtlanta Georgia
You have probably heard of carjacking where a person is accused of taking a motor vehicle while the driver is behind the wheel. In Atlanta Georgia, you can be charged with a similar crime called hijacking a motor vehicle located under statute 16-5-44.1. This is a felony crime with serious punishment.
What is Hijacking a Motor Vehicle in Atlanta Georgia?
Hijacking a motor vehicle, as defined in 16-5-44.1, is the act of taking a motor vehicle while using a weapon or firearm. For instance, you are charged with this crime because you allegedly used some type of weapon to obtain a motor vehicle by force, intimidation or violence.
The criminal statute also includes conspiring to hijack a motor vehicle. Conspiracy means that you and at least one other person discussed and planned to use a weapon to take a vehicle from another person.
A motor vehicle does not have to be a car, according to Georgia law. It is any type of vehicle that is self-propelled.
The Weapon Does not have to be a Firearm in an Atlanta Georgia Hijacking of a Motor Vehicle Charge
The statute defines a firearm as any type of shotgun, rifle, handgun or similar device that can and will expel a projectile. The projectile may be a bullet. A weapon includes tasers and stun guns.
The weapon used in this crime does not have to be an actual firearm. Instead, you can be accused of hijacking a motor vehicle by using a weapon that is an object, instrument or device that causes serious bodily injury. It may also cause an alleged victim’s death. For example, the weapon could be a knife or baseball bat.
The Penalty for Atlanta Georgia Hijacking a Motor Vehicle
The crime of taking a motor vehicle by force is not merged into other crimes committed. This means you may face more than one crime in addition to the hijacking charge. The punishment for taking a motor vehicle by force is 10 to 20 years in prison.
Hijacking a Motor Vehicle Defenses in Atlanta Georgia
Hijacking a motor vehicle is a serious crime according to Georgia law. However, you can raise a viable defense to release you from criminal liability. In the early stages of your criminal case, you need to confer with an attorney about the best defense to use to avoid criminal liability. Your defense needs to be strong and able to attack the state’s case or get the jury to believe you or over the state.
For now, here are some common defenses for you to understand more about allegedly taking a motor vehicle without consent:
You did not that the vehicle against the alleged person’s will. The alleged victim did tell you to talk the vehicle. If the alleged victim gave you consent you cannot be charged with taking the motor vehicle.
The motor vehicle was not taken from the owner. To be guilty of hijacking a motor vehicle, you must allegedly take the vehicle from the alleged victim. If the alleged victim was not immediately present, you cannot be convicted of the criminal charge.
You did not use force or a weapon when you took the motor vehicle. This defense is a little tricky because you are admitting guilt. However, you are not admitting to the harshest part of the criminal charge, using a weapon to take a motor vehicle.
You actually owned the motor vehicle you are accused of taking. You cannot be charged for taking your own motor vehicle. This defense claims the car was yours and you were taking it back.
You are actually innocent of committing a crime. You can prove that you are actually innocent. You were not in the vicinity when the crime happened. You may have been at work, driving in your own vehicle or actually out of state at the time of the crime.
The state does not have enough evidence to take the case to court. This is the lack of evidence defense. Usually, the state will take a case to trial only if they have the evidence to conviction. Sometimes prosecutors may believe they can wing it. If you call them on it, they may drop the case against you because they do not have the evidence.
Remember, the evidence against you along with your version of the facts will help determine the defense to use. An attorney will help you determine the defense to use to avoid criminal liability in a hijacking a motor vehicle charge. Always tell your attorney the truth when discussing your version of what happened at the time of the charge. If you leave out any facts, you will harm your case. In addition, it will be harder to create a strong defense.
Consult with Georgia Defense Force, LLC about Your Hijacking a Motor Vehicle Charge in Atlanta Georgia
You or your loved one was charged with hijacking a motor vehicle in Atlanta Georgia. This means you cannot take a chance of the prosecutor dropping the charges on their own. They are coming after you and want to obtain a conviction. This is even the case if they know they do not have a strong case against you. In fact, they may want to make an example of you for other Atlanta Georgia residents.
Now is not the time to panic. It is not the time to think negatively about your case. It is time to plan an effective defense strategy. Your defense strategy depends on the facts involved in your case. For instance, you may use the defense of having lawful possession of the vehicle. This means the alleged victim gave you consent to use or take the vehicle.
We may just attack the elements of the hijacking a motor vehicle charge. This is a defense to damage the prosecutor’s case against you.
Do not worry if the defenses discussed do not fit your particular situation. During our free case evaluation, we will discuss preliminary defense option. Contact us today.