If you have recently been arrested and charged with carjacking in Philadelphia, you may have serious concerns about how your future is going to be affected if you are found guilty. Preparing a compelling defense strategy may be critical if you hope to avoid a conviction and criminal record.
With the help of a Philadelphia criminal defense lawyer at the Law Offices of M.J. Snyder, you can learn more about your legal options and determine which is in your best interests. Contact our office today for a confidential case evaluation with a smart, aggressive criminal defense lawyer in Philadelphia.
When Can You be Charged with Carjacking in Philadelphia?
If you have been accused of taking a vehicle in the presence of the vehicle’s owner with even a moderate amount of force or threat of force, you can be charged with carjacking under Pennsylvania Statutes § 3702.
If you feel you have permission to use a vehicle, but the owner of that vehicle disagrees, and you take the vehicle anyway, you could be charged with robbery of a motor vehicle in the presence of the owner.
This situation often happens in domestic cases. Many of these cases involve firearms as well. If you are charged with the robbery of a motor vehicle in the presence of the owner, you can also expect carjacking charges to apply, but our criminal defense attorneys may be able to fight these criminal charges.
For a free legal consultation with a carjacking lawyer serving Philadelphia, call 215.515.3360
Common Charges Associated with Carjacking in Philadelphia
In addition to the carjacking charges against you, there are multiple other criminal offenses you could also face. Some of the more common types of charges related to carjacking in Philadelphia include:
- Theft of a motor vehicle: Taking and using of another’s property
- Robbery of a motor vehicle: Using force or a threat during the theft of another’s property
- Unauthorized use of a motor vehicle: Taking and using another’s property without consent but with the intent of returning it
- Receiving stolen property: Knowingly receiving and keeping stolen property
These are just a few of the more common types of auto theft-related charges you could face when you have been charged with carjacking. Depending on the details of your case, you could also be charged with other criminal offenses.
If drugs were involved, for example, you may also face drug crime charges. You can find out more about which criminal offenses you are facing and the penalties associated with them when you contact your carjacking attorney in Philadelphia for help.
If you would like help fighting against carjacking charges, call the Law Offices of M.J. Snyder, LLC for confidential consultation.
Philadelphia Carjacking Lawyer 215.515.3360
Different Types of Philadelphia Auto Theft Charges
There are a few different types of auto theft charges you can face under Philadelphia law. The commonly-known crime of “grand theft auto” is a bit different in Pennsylvania. Instead, there are other charges you’re likely to face if you’ve been involved in stealing a car.
Carjacking is a First-Degree Felony
The term “carjacking” typically refers to stealing someone’s vehicle in their presence. In Pennsylvania, this crime is “robbery of a motor vehicle,” which we mentioned above. This crime is a felony in the first degree—regardless of whether or not there was a threat of violence.
You Could Also Face Misdemeanor or Third-Degree Felony Charges
If you took the car without being in the presence of the owner, you’ll likely be charged with “theft by unlawful taking.” Although this crime can be charged as a misdemeanor, in the context of car theft, it will be a third-degree felony.
Possible Second-Degree Misdemeanor and Third-Degree Felony Charges
Two other crimes associated with carjacking are “unauthorized use of a motor vehicle” (joyriding) and “receiving stolen property.” Joyriding is a second-degree misdemeanor, and receiving stolen property is a third-degree felony.
Penalties for a Philadelphia Carjacking Conviction
If you fail to defend yourself, you may have to live with the consequences of a Philadelphia carjacking conviction. Under Philadelphia law, you could spend up to 20 years of jail time and pay fines as high as $25,000 if you are found guilty of carjacking. In addition, you may face other criminal penalties, such as:
- Completion of community service hours
- Completion of a drug or alcohol treatment program
- Completion of a driver retraining program
- Suspension or revocation of your driver’s license
- Court-ordered mental health counseling
- Court-ordered anger management
- Fines or restitution
In addition to the criminal penalties associated with a carjacking conviction, it is important to consider the collateral consequences. Your entire life could be affected if you are found guilty. Some of the fallout you might experience for a carjacking conviction in Philadelphia include:
- Trouble maintaining or finding a good job
- Difficulty finding secured and affordable housing
- Child custody and visitation issues
- Immigration and citizenship issues
- Loss of firearm rights
- Temporary loss of voting rights
- Suspension or revocation of your professional licenses
How We Defend You Against Carjacking Charges in Philadelphia
There are several ways in which you may be able to challenge the carjacking charges against you. First, it is important to consider whether negotiating a plea agreement with the state’s prosecuting attorney may be in your best interests.
You may be able to enter into a pre-trial diversion program. Pre-trial diversion programs may be available to individuals who are first-time offenders and charged with non-violent crimes. However, because carjacking is considered a violent offense, you may not be eligible for a pre-diversion program. Your lawyer can give you a better idea of whether pre-trial diversion options are available to you.
If pre-trial diversion or plea agreements are not available in your case, your criminal defense attorney may need to help you prepare a compelling defense strategy. Some of the potential defenses you could use against carjacking charges in Philadelphia include the following:
- Mistake of fact
- Lack of probable cause
- Police misconduct
- Unlawful stop
- Illegal search and seizure
- Constitutional rights violations
- Lack of intent
- Lack of force or fear
- Consent of the vehicle owner
Work with a Philadelphia Carjacking Attorney for Help
If you are found guilty of carjacking in Philadelphia, your freedom could be on the line. It is important to take steps to protect your future by presenting a powerful defense strategy. With legal representation from a reputable Philadelphia carjacking lawyer at the Law Offices of M.J. Snyder, you may be able to clear your name of the charges against you.
Read our clients’ testimonies and see for yourself our record of success. Explore your legal options further during a confidential consultation.
