Teaneck NJ Carjacking Lawyers
The governing statute in New Jersey for carjacking is N.J.S.A. 2C:15-2. Carjacking is crime of the first degree, therefore if convicted; a defendant would be facing ten to thirty years in a New Jersey State Prison. The offense of carjacking can easily be accompanied with other charges like false imprisonment, kidnapping or a robbery charge. Carjacking is a very serious offense in New Jersey, therefore, it is imperative that you speak to an experienced criminal defense firm immediately to protect your liberty. The Law Offices of Jonathan F. Marshall has seven criminal defense attorneys on staff waiting, including three former prosecutors. If you have been arrested for carjacking in Hackensack, Fort Lee, Englewood Cliffs, Elmwood Park, Palisades Interstate Park, Lodi, Ramsey, East Rutherford, or elsewhere in Bergen County we can help. Below we have prepared a brief synopsis of what we feel are the important issues surrounding carjacking. If you need any further assistance please give any one of our Bergen County offices a call for a free initial consultation. (For information on other theft/fraud related crimes in NJ click here)
Carjacking Attorneys in Garfield NJ: N.J.S.A. 2C:15-2
The material elements which the state must prove are as follows: that the defendant either committed or attempted to commit an unlawful taking of a motor vehicle; that the defendant did so unlawfully and that it was the purpose of the defendant to deprive another of the vehicle in question. In addition, while committing or attempting to commit the unlawful taking the defendant:
- Inflicted bodily injury or used force;
- Threatens an occupant and in doing so, put them in fear of immediate bodily injury;
- Committed or threatened to commit a first or second degree crime; OR
- That the defendant operated a vehicle or caused it to be operated, and that a person in possession at the time of the taking remained in the car.
Applicable Penalties if Convicted of Carjacking:
As stated above, carjacking is a crime of the first degree, which if convicted normally subjects an individual to a term of incarceration for a period of not less than ten years but not more than twenty years. However, pursuant to N.J.S.A. 2C:15-2, a Judge may sentence a defendant to a term of incarceration to between ten and thirty years. In addition, carjacking also falls under the No Early Release Act (“NERA”) which requires a defendant to serve at least 85% of their original sentence before they can be eligible for parole. With that being said, since there is a wide range of potential conduct which would constitute the offense of carjacking, there is no presumptive term.
Fort Lee NJ Carjacking Lawyer
As you can tell, carjacking in New Jersey is a very serious offense. It is imperative that you speak to an experienced Bergen County, New Jersey carjacking defense attorney immediately about your options as your liberty is at stake. If you need any further assistance please contact any one of our Bergen County offices for a free consultation with regards to your pending charges.