While Carjacking is not a common criminal offense, those charged do face serious criminal penalties. Depending upon the circumstances and facts surrounding your case, a single offense for carjacking will expose you to a thirty (30) year prison sentence. If you or a loved one were arrested for being a participant in a carjacking, it is imperative that you understand the consequences that you are facing. Not only are you subject to an extensive prison term, but you are also facing pretrial detention without bail, pursuant to New Jersey Bail Reform Guidelines. Furthermore, if you used a weapon or a handgun in the commission of the Carjacking, then you are going to be facing additional charges for Unlawful Possession of a Weapon or Possession of a Weapon for an Unlawful Purpose. With all of these dire consequences staring down at you, it is crucial that you contact and consult with an experience Burlington County Criminal Lawyer.
Proetta & Oliver is a Criminal Defense Law Firm that defends the accused throughout New Jersey, including Burlington County. If you or someone in your family have been arrested and charged with Carjacking, Theft of Movable Property, Aggravated Assault, Simple Assault, Leaving the Scene of an Accident, Possession of a Weapon for an Unlawful Purpose, Robbery, or Terroristic Threats, call (609) 850-8284. Our firm’s Burlington County Criminal Practice Group is led by former New Jersey Deputy Attorney General, William C. Fay, IV. Mr. Fay is available to consult with you or your family members regarding any criminal charges they may be facing. If you would like an immediate and complimentary consultation with Mr. Fay, please call our office today. We can be reached 24/7 for your convenience.
N.J.S.A. 2C:15-2 Charges in Mount Laurel NJ
Based on the language of the criminal charge alone, most people have a pretty good understanding of what “carjacking” involves. Nevertheless, understanding the intricacies of the elements and facts of a Carjacking case can be crucial. In New Jersey, the pertinent statute that deals with Carjacking is N.J.S.A. 2C:15-2. Under N.J.S.A. 2C:15-2, the Burlington County Prosecutor’s Office must prove beyond a reasonable doubt that during the course of a motor vehicle theft, the Defendant either:
Caused the victim to suffer bodily injury
Used force against the victim in order to gain possession of the car
Threatened the victim or put the victim in fear of immediate bodily injury
Committed or threatened to immediately commit a first degree or second degree crime
Left the scene with the victim/s still in the car
What Happens at a Pretrial Detention Hearing for Carjacking?
When a motion for pretrial detention is filed there is a rebuttable presumption that the defendant shall be detained pending trial where the court finds probable cause that the defendant: (1) committed murder pursuant to N.J.S.A. 2C:11-3; or (2) committed any crime for which the defendant would be subject to an ordinary or extended term of life imprisonment. Otherwise, all other charges carry a rebuttable presumption of release. At these hearings, your attorney must argue against the State’s motion for pretrial detention. In determining whether or not to release the defendant pretrial, the judge will consider the following factors:
Nature and circumstances of the offense charged;
Weight of the evidence against the defendant;
The history and characteristics of the defendant
Nature and seriousness of the danger to any other person or the community that would be posed by the defendant’s release, if applicable;
The nature and seriousness of the risk of obstructing or attempting to obstruct the criminal justice process that would be posed by the defendant’s release, if applicable; and
The release recommendation of the pretrial services program obtained using a risk assessment instrument.
How Long Is the Jail Sentence for Carjacking in NJ?
Carjacking in treated punitively as one of the New Jersey’s most serious criminal offenses. Designated as a First Degree crime, Carjacking would typically carry a prison sentence range between ten (10) and twenty (20) years. However, New Jersey law requires that for a First Degree Carjacking offense, the defendant’s possible term of imprisonment is actually between ten (10) and thirty (30) years! Moreover, because Carjacking is a first degree crime, defendants will not be permitted acceptance into a diversionary program like Pretrial Intervention or Drug Court. The Burlington County Prosecutor’s Office takes these crimes very seriously.
Carjacking Lawyers in Pemberton NJ
As explained in the information presented above, criminal charges for Carjacking should not be taken lightly. You are facing decades behind bars, extensive fines and possible periods of parole ineligibility. If you or a family member were involved in a carjacking, either as a leader or a participant, please contact our law firm today. We represent defendants throughout Burlington County, including towns like Willingboro, Evesham,Mt. Holly, Mt. Laurel, Burlington Township, Pemberton, Bordentown, Florence, Maple Shade, Southampton, Bass River, Palmyra or Westampton. For your free consultation with a criminal lawyer today, please call (609) 850-8284. We understand that facing the confusion and concern of a serious criminal offense is never easy. We will gladly spend time to help you understand the criminal justice process and advise you on what we can do to help you in this time of need.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Mount Laurel, Point Pleasant, Princeton and Middletown. All major credit cards are accepted.