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How Is Aggravated Carjacking Defined in Louisiana Law?
Unlike other forms of theft that could lead to such simple penalties as community service and restitution, stealing a car with the owner present is a severe offense in Louisiana. It could result in years in prison and hefty fines. Also known as carjacking, this crime is different from theft, where a car is stolen without the owner present. According to Louisiana law, “carjacking is the intentional taking of a motor vehicle…in the presence of that person, or in the presence of a passenger.”
The law describes the penalties for a carjacking conviction, including hard labor for two to twenty years without parole, probation, or suspension of sentence. If you have been charged with carjacking, you need the assistance of a talented theft crimes lawyer who can create a strong defense and potentially get your charges reduced or even dismissed. Don’t wait a moment longer! Call us today at 318-387-2776 to schedule your initial consultation and learn how our criminal defense attorney can help in your carjacking defense.
What Are Some Common Factors that Could Lead to Charges of Aggravated Carjacking?
Some of the most common aggravating factors seen in Louisiana carjacking cases include:
- Possession of a firearm during the theft
- Physical harm to the car owner or a passenger
- Kidnapping a child while carjacking
- Destruction of property
Use of Firearms While Carjacking
When a carjacking occurs, the individual stealing the car uses force or intimidation to gain entry into the vehicle. This is often accomplished by using a firearm or other weapon of force, such as a knife or explosive. The defendant may receive additional charges for possessing a deadly weapon during the carjacking, even if they did not use it to harm anyone.
Use of Force Against Victims
Another aggravating factor that could increase your penalties is when one or more victims were harmed during the carjacking. Generally, the more severe the injury, the heftier the sentence. For example, if someone sustained a broken bone during the carjacking, this would significantly increase the chances of more severe sentencing.
Some injuries that typically occur during a carjacking that could lead to aggravated charges include:
- Bruises
- Lacerations
- Broken bones
- Traumatic brain injury
Kidnapping
Kidnapping, or stealing a car with children inside, is a serious offense that could lead to devastating criminal charges.
Destruction of Property
Destruction of property is commonly seen during carjacking, as parts of the car might be damaged while the person tries to gain entry into the vehicle.
What Are Some Potential Penalties and Defenses for Aggravated Carjacking?
Louisiana law takes carjacking as a serious offense that requires hefty penalties since this crime causes severe financial and physical damage to victims.
Penalties for Aggravated Carjacking in Louisiana
While a carjacking conviction alone could lead to imprisonment of up to 20 years, aggravated carjacking is even more severe. Some judges will combine the various charges in one case, or the courts could try the person multiple times. If the crime occurred in more than one state, then the person could face multiple convictions, causing the penalties to be even higher.
For help fighting aggravated carjacking charges, please contact our theft crimes lawyer immediately. We can help you develop a strong defense that gives you the best chance of a favorable outcome.
Possible Carjacking Defense Strategies
Facing carjacking charges can seem hopeless, especially if the victim has footage, such as a dashcam, that proves your identity during the crime. However, there are still ways to get your charges lowered or even dismissed, such as proving a mistaken identity or showing that law enforcement violated your rights. Call us today to learn more.
Should You Hire Our Criminal Defense Attorney?
The theft crimes attorney at Whiddon Criminal Defense has helped countless clients prove their innocence and regain their freedoms, including when facing charges like aggravated carjacking. Our legal team understands how terrifying it can be to face these charges and will stand by your side throughout the legal process. Call 318-387-2776 today to learn how we can help you regain your freedom and your life.
