Carjacking
The Definition of Carjacking
Carjacking involves the theft of a motor vehicle by force, threats, or intimidation while the owner or driver is present. Depending on whether weapons, injuries, or other aggravating factors are involved, this crime can be charged under different statutes.
Carjacking in New York may involve:
Robbery N.Y. Pen. Law §160.00 – 160.15
Robbery is defined as the unlawful taking of property through the use of force or threats, and when a vehicle is stolen in this manner, it is treated as a robbery.
Degrees of Robbery
Third Degree (Class D Felony)
Use of force to steal a vehicle without a weapon or injury.
Second Degree (Class C Felony)
Use of force with certain aggravating factors (a weapon is present, or another person is injured).
First Degree (Class B Felony)
When a deadly weapon is used, or serious physical injury occurs.
Grand Larceny in the Third Degree (Class D Felony)
If the vehicle’s value exceeds $3,000
Grand Larceny in the Fourth Degree (Class E Felony)
Theft of an automobile, regardless of its value, qualifies under this statute.
Assault
If a victim is injured during a carjacking, assault charges may be added.
Third Degree Assault
A class A Misdemeanor. Causing minor injuries.
Second Degree Assault
Class D Felony. Injuries caused with intent or involving weapons.
First Degree Assault
Class B Felony. Causing serious physical injury with intent.
Criminal Possession of a Weapon during a carjacking
If a weapon is used during the carjacking, additional charges, such as Criminal Possession of a Weapon, can apply
Kidnapping N.Y. Pen. Law §135.20 – 135.25
If a person is forcibly confined or moved during the carjacking (an example would be a child left in the vehicle), kidnapping charges may be added:
- Second Degree (Class B Felony): Forcibly abducting someone
- First degree (Class A Felony): If the victim is seriously harmed or not released.
Penalties
Penalties depend on the charges and their severity:
- Class A Felony: Life imprisonment
- Class B Felony: Up to 25 years in prison
- Class C Felony: Up to 15 years in prison
- Class D Felony: Up to 7 years in prison
- Class E Felony: Up to 4 years in prison
- Class A Misdemeanor: Up to 1 year in jail
Additional Consequences of Carjacking Charges
Fines and Restitution
Convicted offenders may be ordered to pay fines and restitution to victims.
Criminal Record
A felony conviction for carjacking will result in a permanent criminal record, which can impact future employment and housing opportunities.
Defenses for Carjacking
Defenses to carjacking charges may include:
- Lack of intent to permanently deprive the owner of the vehicle
- False accusations or mistaken identity
- Lack of force, threats, or intimidation
Defend Your Rights Today
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.
Intake is free of charge and will include