TAMPA CARJACKING ATTORNEY
Experienced Carjacking Defense Lawyers in Pinellas & Hillsborough Counties
Carjacking in Florida is an extremely serious crime with extremely serious penalties to match. If convicted of this offense, you’re looking at decades in prison, hefty fines, and a long list of other consequences. The stakes are high in these cases, so if you or a loved one has been accused of carjacking in Tampa, FL, the best time to start building your defense is NOW.
Having an experienced Tampa carjacking attorney on your side can make a world of difference. Here at Buda Law, we have experience defending individuals throughout Hillsborough County, Pinellas County, and all the surrounding areas against serious theft crimes like carjacking.
A Tampa theft crime attorney at Buda Law can help defend you against the charges you face and ensure you receive the best possible outcome in your case. Using our extensive knowledge of Florida criminal law, we will help guide you through the legal process while protecting your rights and fighting tirelessly on your behalf.
Call (813) 322-2832 or reach out online to schedule a free initial consultation with one of our criminal defense attorneys today.
What is Carjacking in Florida?
Carjacking is the forceful or violent taking of a motor vehicle from another person. This act involves the use of physical force, threats, or intimidation to seize the vehicle directly from its owner or operator.
Under Florida law, carjacking is considered a first-degree felony and often carries severe penalties, especially if a weapon was involved during the commission of the crime.
Florida Law Section 812.133
According to Florida Statute § 812.133, carjacking in Florida is defined as the “taking of a motor vehicle which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the motor vehicle, when in the course of the taking there is the use of force, violence, assault, or putting in fear.”
Additionally, any acts associated with the attempt, commission, or flight from carjacking, as well as acts occurring before, during, or after the taking of the vehicle, are considered part of the carjacking offense.
In Florida, both carjacking and carjacking with a deadly weapon are first-degree felonies, with the latter often resulting in more severe penalties.
Carjacking vs. Grand Theft Auto
While both crimes involve stealing a motor vehicle, carjacking and grand theft auto charges in Florida are distinct crimes and have a few key differences. Carjacking involves the taking of a motor vehicle directly from another person using force, which requires a confrontation between the alleged offender and the alleged victim.
In contrast, grand theft auto, defined under Florida Statute § 812.014, involves the unlawful taking of a motor vehicle with the intent to deprive the owner of it but does not involve direct confrontation, force, or intimidation. Also, as the name suggests, grand theft auto is typically considered a theft offense rather than a violent offense, since grand theft does not require violence or the threat of violence.
Additionally, grand theft auto is separated into three degrees, with first-degree grand theft being a first-degree felony, second-degree grand theft being a second-degree felony, and third-degree grand theft being a third-degree felony, whereas carjacking is always a first-degree felony.
Is Carjacking Considered a Violent Crime?
Yes, carjacking is considered a violent crime in Florida since it involves the use of force, violence, or intimidation. Similar to robbery and assault and battery crimes, carjacking poses a direct threat to the safety and well-being of the victim, distinguishing it from non-violent property crimes such as theft or burglary. Due to the violent nature of these crimes, carjacking charges typically result in more severe legal penalties than other non-violent theft charges.
Is Carjacking a Felony?
Yes, carjacking is a felony in Florida. In fact, it is classified as a first-degree felony, which is one of the most severe felonies a person can be charged with in Florida. Due to the violent nature of the crime, carjacking is considered more serious than many other offenses, including other felony charges, and often carries harsher penalties.
Penalties for a Carjacking Conviction in Florida
In Florida, a conviction for carjacking without a deadly weapon is a first-degree felony, punishable by up to 30 years in prison, a maximum fine of $10,000, and up to 30 years of probation.
In addition to legal penalties, a carjacking conviction can severely impact other aspects of your life. For instance, it can result in a permanent criminal record, which can hinder your employment opportunities, housing options, and ability to obtain or maintain professional licensing.
The social stigma of a felony conviction can also strain your personal relationships and reduce your overall quality of life. That’s why it’s so important to have a skilled and experienced criminal defense attorney in Tampa on your side to help defend you against carjacking charges.
Carjacking With a Deadly Weapon Penalties
In Florida, carjacking while carrying a firearm or other deadly weapon is still a first-degree felony, but it carries the potential sentence of up to life in prison. Simply carrying a deadly weapon at the time of the offense, even if you did not use it, could still result in being charged with armed carjacking.
Punishments include up to life in prison (with a minimum sentence of 48 months in prison), up to $10,000 in fines, or both.
How a Tampa Criminal Defense Attorney Like Andrew Buda Can Help
After being charged with carjacking in Florida, one of the most important things you can do for yourself and your case is to hire a criminal defense lawyer. Criminal defense attorneys will be able to thoroughly investigate your case, challenge the prosecution’s evidence, and develop a strong defense strategy to protect your rights. They can also negotiate with prosecutors for reduced charges or alternative sentencing options.
Without legal representation, navigating the complex criminal justice system and mounting an effective defense can be extremely challenging, increasing your risk of being convicted and facing the maximum penalty under Florida law. When facing serious charges like carjacking in Tampa, FL, choose Buda Law for your defense. Led by former prosecutor Andrew Buda, we have a unique insight into the criminal justice process and can craft an aggressive defense in your favor.
We have experience handling a variety of theft offenses and violent offenses across the region and can help increase your chances of a decreased sentence, a favorable plea deal, or even having your charges dropped entirely. Our firm understands the gravity of carjacking allegations and we are dedicated to helping you receive the best possible outcome in your case.
Possible Defenses Against Carjacking in Florida
There are a number of common defense strategies that can be used to help defend against carjacking charges in Florida, including but not limited to the following:
- You did not use violence, assault, or the fear of violence to obtain the stolen property
- You were merely present for the crime and did not participate in, or otherwise aid in, the commission of the carjacking
- You had a legal right to the vehicle at the time of the alleged carjacking
- You took the car as an afterthought following an altercation and did not engage in the confrontation with intent to steal the vehicle
- You took control of the vehicle in self-defense or defense of another
- Your rights were violated at some point in the legal process
- You were wrongfully accused/mistaken for someone else
- The prosecution has a lack of evidence
In order to secure a guilty verdict for carjacking, the prosecution will have to prove beyond a reasonable doubt that you committed the crime, and a skilled carjacking defense attorney can help prevent that from happening.
Call the Tampa Theft Defense Lawyers at Buda Law For a Free Consultation
If you are facing a carjacking charge in the Tampa Bay area of Florida, contact the criminal defense attorneys at Buda Law today. We offer comprehensive defense services to those in and around Tampa, ensuring that those accused of crimes are able to receive a fair trial and an aggressive defense. Our attorneys will evaluate the circumstances of your alleged offense and develop a defense strategy tailored to your specific situation.
Our goal is to help you receive a favorable plea deal, a reduced sentence, or to have your charges dropped completely, and our attorneys will fight tirelessly to help you achieve just that. We have experience handling a variety of theft crime and violent crime cases and can help provide you with a winning defense strategy.
Call our law firm at (813) 322-2832 or contact us online to schedule your free consultation today.
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He has connections and relationships with the court systems, which are crucial in negotiations.
He’s definitely a good choice if you want professional representation. I called him a day before my court date he was on time and fully prepared and he worked with me financially as well. He has lots of information that is beneficial towards my case, helping to calm my nerves and also has connections and relationships with the court systems, which are crucial in negotiations in any case. I highly recommend Buddha law to anyone in need of a defense attorney.
– Former Client
His knowledge and experience exceeded my expectations.
Professional and excellent council. He made me feel like I was his only client. Very responsive to my needs and concerns. I highly recommend for your legal needs. His knowledge and experience exceeded my expectations.
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Amazing attorney. Always available and very compassionate! Andrew’s name came to us through word of mouth from an individual who stated he saved his life, so far looks like he’s doing the same for us! Highly recommended.
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Professional, honest, a straight talker, very responsive, good communication and was extremely efficient.
Andrew Buda was professional, honest, a straight talker, very responsive, good communication and was extremely efficient in representing my case turning a stressful case that resulted in a very favorable outcome. Would highly recommend!
– Cathi
Andrew got the charges dropped even before it could go to trial.
Mr. Andrew is one of the best lawyers you can find in the Tampa Bay Area. He is not gonna give you false promises, and he will get the job done. I have been to many lawyers before hiring him for my case. The other lawyers told me of the case going to trial and what not but Mr. Andrew got the charges dropped even before it could go to trial. The best thing about him is his ability to connect to his clients and connect with them in a personal level. For him it’s not simply a job, it is his passion to help people. He gave me discount as I was going through some hardships. I recommend him very strongly. He is a man of words and he’s also a role model for others to look up to.
– Habibur
They treated me as a person, not just a case number.
I had an exceptional experience with Buda Law Group. This group absolutely has the high-level of expertise and dedication required to assist you with your case. The attorneys stayed engaged and I valued their proactive communication. Recommendations were made for actions I could take to help with the final outcome. They treated me as a person, not just a case number. From the beginning to the end, I was treated with respect and genuine empathy, especially when navigating a complicated case.
– Mary
Their entire team seem to truly care about their clients.
My entire experience with Buda Law was absolutely 5 stars! After sending them a message on their website, within minutes I received a phone call from Attorney Julie Adue. Julie is absolutely phenomenal, was with me every step of the way, and answered all my questions throughout the process. Her knowledge and empathy really helped put my mind at ease, and have full confidence in who I chose to represent me. There was even a time I called the office and asked for Julie, and her paralegal, also named Julie was always so helpful! Highly recommend Buda Law overall, their entire team seems to truly care about their clients which isn’t always easy to come by!
– Alexa
He’s an outstanding lawyer and he’s passionate about helping those in need.
Thanks to Andrew my mom was able to get out a week before my wedding!! He’s an outstanding lawyer and he’s passionate about helping those in need. If I had to recommend someone an amazing lawyer it would be Andrew Buda best there is and best there’ll ever be. I appreciate what you did in the 2 days you had to collect the information and to win the case. Keep up the great work you are doing. From me and my family we thank you for ever!
– Abraham
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WHAT MAKES OUR DEFENSE SO EFFECTIVE?
- Former State Prosecutor
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- Result-Oriented Advocacy
- We Prepare Every Case as if it's Going to Trial
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