Carjacking Charges

NJ Carjacking Defense Attorneys

If you or a loved one has been arrested for carjacking, you need an aggressive and knowledgeable attorney on your side. Our firm, Marshall Criminal Defense, can provide you with the protection and guidance necessary to get the best result possible. The qualifications of our team are unquestionably impressive, including:

• 14 attorneys that specialize exclusively in defending individuals charged with violating the law
• Over 200 years of combined experience representing defendants throughout New Jersey
• Former county prosecutors that served as Director of the Major Crime Bureau, Special Victims Unit, Juvenile, Domestic Violence and even an entire Trial Division
• Certified criminal trial attorneys
• A long history of successful outcomes in high exposure cases like carjacking, robbery, and other violent crimes

A lawyer from our team is available to assist you immediately at 855-450-8310. Initial consultations are always without charge so we encourage you to contact us for a thorough review of your case and our advice concerning the best course of action to defend you.

New Jersey Carjacking Law

The carjacking is set forth at N.J.S.A. 2C:15-2 and this law creates a separate subcategory of robbery that applies where the property stolen is a car, motorcycle, suv, truck or other type of motor vehicle.  An individual commits carjacking if they unlawfully take or attempt to unlawfully take a motor vehicle and utilize any of the following conduct during the course of this conduct:

1. Bodily injury is inflicted or force is used against an occupant or person in possession or control of a motor vehicle;
2. An occupant or person in control of the vehicle is threatened or purposely or knowingly placed in fear of immediate bodily injury;
3. Commits or threatens to immediately commit a crime of the first or second degree (e.g. robbery, sex assault, etc.); or
4. Operates or cause the vehicle to be operated by an occupant while third parties remain in the vehicle.

You will note that the crime is a combination of a theft of a motor vehicle (i.e. unlawful taking) and some act of violence such as a verbal threat, use of force, taking an occupant against their will, et.c.  An unlawful taking occurs when a defendant takes control of a vehicle without consent or permission, and with the intention to temporarily or permanently deprive the owner of the vehicle.

It is also important to keep in mind that in accordance with State v. Matarama grabbing someone’s keys or attempting to pull a door closed will suffice under N.J.S.A. 2C:15-2 in establishing carjacking.

Penalties for Carjacking

Carjacking is a first-degree charge that subjects an individual to a possible jail term of between 10 and 30 years in prison. Additionally, the No Early Release Act (“NERA”) applies and therefore an individual must serve 85% of any sentence imposed under section 2C:15-2 before they are eligible for parole.

You should also know that carjacking is often charged in combination with other crimes, for example, aggravated assault, kidnapping, false imprisonment, as well as possession of a weapon for an unlawful purpose. An individual can be exposed to separate prison sentences that can be applied consecutively (i.e. on top of one another) if there is a conviction to both carjacking and other another criminal offense(s).

If a conviction for carjacking represents an individual’s third conviction for a first degree crime, they are exposed to the NJ Persistent Violator Law, commonly referred to the three strikes rule. A defendant must be sentenced to life in prison without the possibility of parole when this occurs.

Defenses to a New Jersey Carjacking Charge

There are numerous defenses that can be presented by a savvy criminal lawyer to defeat a carjacking offense. The following are some of the more common defenses raised in carjacking cases:

• Consent. Since a fundamental requirement of carjacking is that the car, truck or motor vehicle be taken without permission, consent to use is an affirmative defense.  If the owner gave consent to operate, there is no crime under 2C:15-2.
• Force or Threat Is Lacking. In order for this criminal offense to occur, there must, in effect, be a robbery of a motor vehicle. If the accused didn’t engage in force or some other threat of harm to obtain control of the car, carjacking has not occurred.
• Mistake Of Fact As A Defense. As odd as it might seem, the mistaken belief that permission existed to take the truck or other form of vehicle is another defense to carjacking.
• Victim Was Not In Proximity to the Vehicle. In accordance with State v. Jenkins, the victim must be in either close proximity to the vehicle or in it. There must be a relinquishment of control and this does not occur when the vehicle’s owner isn’t in it or physically near it.
• Failure to Establish Proof Beyond a Reasonable Doubt. A skilled attorney may also be able to challenge the government’s case against you based on its failure to fulfill its burden of proof. If they state is unable to satisfy the jury that each and every element outlined above has been proven, beyond reasonable doubt, the charge of carjacking must be dismissed.
• Police or Prosecutor Shortcomings. There is always the possibility to attack a carjacking case based on a violation of a defendant’s constitutional rights such as where an improper search or seizure took place, where a confession is secured in violation of Miranda, or a flawed suspect identification conducted in violation of State v. Wade. 388 U.S. 218 (1967).

Obtaining Pretrial Release Following a Carjacking Arrest

Since carjacking is a first-degree crime that involves violence, securing pretrial release tends to be more complicated than many other crimes. You can always count on the prosecutor moving to detain the accused until the case is resolved (i.e. no bail or other conditions allowing the defendant to be released). It takes a skillful defense lawyer to convince the court that detention should be denied because the threat to the public and not appearing falls short of warranting confinement until trial.

Carjacking Lawyer in New Jersey

Prosecutors have a tendency to take extreme positions in carjacking cases so it is extremely important that you have the right lawyers defending you. We possess one of the more highly experienced criminal defense staffs in the state and, almost as important, attorneys with the intangibles necessary to negotiate or try a case to an optimum outcome. If you don’t have such a seasoned lawyer working for you, you can expect the prosecutor to seek the harshest sentence that the judge will hand down in a carjacking case. An attorney is a telephone call away to discuss your Union County, Hudson County, Essex County, Monmouth County, Ocean County, Mercer County, Middlesex County or Morris County, carjacking charge. Call us at 855-450-8310 for the expert legal guidance you or your loved one absolutely deserves.

Frequently Asked Questions Involving NJ Carjacking