Michigan CarJacking Attorneys – Michigan Criminal Defense Lawyers
Michigan Criminal Defense Attorneys
Are you looking for a Michigan Carjacking attorney? The trial lawyers at The Kronzek Firm PLC, have extensive experience defending carjacking and related felony charges. Our excellent case results illustrate many victories over the nearly two decades we have been helping clients. Considering the severity of such charges, it is imperative to have fearless, knowledgeable legal advocates who are willing to put in the necessary effort and preparation to win cases. Our attorneys are generally available and we always have an expert criminal defense attorney on call at (86) 766-5245.
What is Carjacking in Michigan?
Carjacking occurs when an individual uses or threatens violence or force against another person in the course of stealing a motor vehicle. Additionally, this includes putting any driver, passenger, or lawful possessor of a motor vehicle—or even any person lawfully pursuing recovery of the motor vehicle—in a state of fear.
The activities covered by this statute are:
- Acts that happen when attempting to steal a vehicle;
- During commission of the theft itself;
- While fleeing the scene after committing the offense; or
- While attempting to retain possession of the car, truck, etc.
To provearjacking at trial, the following must be proven beyond a reasonable doubt:
- The defendant used force or violence against or assaulted the victim,
- While in the course of committing a larceny of a motor vehicle, and
- The victim was the operator, passenger, or person in lawful possession of the motor vehicle.
In this context, larceny is the taking and movement of someone else’s motor vehicle with the intent to take it away from that person permanently. Carjacking requires driving the vehicle away because the term larceny requires the carrying away or asportation of the property in question.
Literally speaking, the defendant would not have to intend to permanently deprive the owner of the vehicle. Lack of purpose to return the property taken within a reasonable amount of time is enough. Since it is difficult to prove a defendant’s state of mind, only minimal circumstantial evidence of intent is required.
Carjacking tends to occur in metropolitan areas but may happen anywhere. Some common carjacking scenarios include: (1) When a person is either entering or exiting a car, he or she is then “jumped” by an assailant; (2) A car is invaded while stopped at a traffic light at an intersection; or (3) A defendant purposely rear-ends another car. When the parties exit the vehicle to exchange insurance information, then the carjacker has an opportunity to steal the other person’s vehicle including its contents.
Penalties for Carjacking in Michigan
This is a felony with a maximum punishment of life in prison or any term of years. Also, this punishment may run consecutively to any other sentence imposed from crimes that arise from the same occurrence.
Smart and Sophisticated Defense
At The Kronzek Firm PLC, we utilize a time-tested team approach. Multiple attorneys in our firm review and contribute to every case. Moreover, we have access to additional support staff, expert witnesses, polygraph examiners, private in estimators, and other professionals, to ensure we provide cutting edge legal strategies.
Our attorneys assist clients residing all across the lower peninsula of Michigan, including Ingham County, Genesee County, Oakland County, Macomb County, Wayne County, Kent County, Jackson County and more.
For assistance, call 866-766-5245.