Carjacking NJ 2C:15-2 – What are the penalties for carjacking in NJ – I was arrested for carjacking in NJ
“In New Jersey, carjacking is considered a violent crime, and can result in some serious jail time. With a case like this, it makes sense to have an aggressive trial attorney with advanced defense strategies that apply to your charge.”
Carjacking typically occurs when a person uses force to steal a car and New Jersey prosecutors have been coming down hard on carjacking offenders. If you’re charged with carjacking, you could be looking at the long prison sentences associated with first degree crimes in New Jersey, in addition to the other penalties outlined below.
Statistically speaking, hiring an experienced criminal defense attorney might be your only hope of beating the charges and potentially having your case dismissed entirely.
The Tormey Law Firm is a team of aggressive criminal defense attorneys, including an active NJ prosecutor who has handled countless violent crime cases. We’ve defended thousands of clients accused of committing violent crimes, including carjacking, kidnapping, and assault.
Additionally, we’ve developed a series of advanced defense strategies that we can use to help you beat the charges and avoid serious penalties. To have any of your questions answered, call us any time for a free consultation. It will also help you to continue reading this page for more information about carjacking charges in New Jersey.
Carjacking is a first degree crime in New Jersey, as set forth by N.J.S.A. 2C:15-2, which states that a person is guilty of carjacking if he attempts to unlawfully take a motor vehicle and uses force on a person in the vehicle, threatens bodily injury to a person in the vehicle, threatens to commit a felony, or operates the vehicle while the original occupant remains in the vehicle. In other words, if a person drives off while someone else is still in the car, he can be guilty of carjacking in NJ.
If you flash a gun at someone while trying to take their car, that’s carjacking. If you drive off with someone else’s car without realizing that a child is asleep in the backseat, that’s carjacking. Even snatching someone’s keys can potentially constitute carjacking.
If convicted of carjacking, a person faces a period of incarceration of between ten (10) and 30 years in state prison. Worse yet, even under the best circumstances, a conviction will result in a MINIMUM prison sentence of five (5) years.
Additionally, because carjacking is a first degree crime, the NERA applies. And believe me: the NERA is one scary acronym. Under the NERA, a person convicted of carjacking MUST serve no less than 85% of their sentence before becoming eligible for parole. If you’re convicted, you’d better get comfortable behind bars – because you’re going to be there for a very long time.
And if you’re planning to make bail after a carjacking arrest, forget about it. In these cases, bail is usually set at between $100,000.00 and $250,000.00, and a 10% cash bail option is not permitted. Even if you’re completely innocent, you could be stuck in jail.
There are viable defenses to a carjacking charge. One defense is that you lacked the intent to unlawfully take the car. Perhaps the whole thing was just a misunderstanding.
However, defenses like this are best left to a professional who is familiar with courtroom procedure.
Call the the Tormey Law Firm for a free consultation with experienced criminal defense lawyers.
We know how to fight your carjacking charge and help you avoid carjacking penalties. With experienced criminal trial attorneys on staff, we know exactly what strategies need to be deployed to get you a win in the courtroom.
Call us today so that we can begin vetting your case, including the details of the arrest, and formulate a strategy that will work for you.
N.J.S.A. 2C:15-2 – Carjacking Statute
a. Carjacking defined. A person is guilty of carjacking if in the course of committing an unlawful taking of a motor vehicle, as defined in R.S.39:1-1, or in an attempt to commit an unlawful taking of a motor vehicle he:
(1) inflicts bodily injury or uses force upon an occupant or person in possession or control of a motor vehicle;
(2) threatens an occupant or person in control with, or purposely or knowingly puts an occupant or person in control of the motor vehicle in fear of, immediate bodily injury;
(3) commits or threatens immediately to commit any crime of the first or second degree; or
(4) operates or causes said vehicle to be operated with the person who was in possession or control or was an occupant of the motor vehicle at the time of the taking remaining in the vehicle.
An act shall be deemed to be “in the course of committing an unlawful taking of a motor vehicle” if it occurs during an attempt to commit the unlawful taking of a motor vehicle or during an immediate flight after the attempt or commission.
b. Grading. Carjacking is a crime of the first degree and upon conviction thereof a person may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 10 and 30 years. A person convicted of carjacking shall be sentenced to a term of imprisonment and that term of imprisonment shall include the imposition of a minimum term of at least five years during which the defendant shall be ineligible for parole.