Auto theft, also known as carjacking, is a serious theft crime that generally involves the forcible taking of a motor vehicle from another individual. The penalties for a conviction of this crime can be severe and result in extensive jail or prison sentences, a potentially permanent criminal record and steep fines.
Considering the importance of personal transportation in the state of Florida, it can be certain that law enforcement is focused intently on arresting those suspected of stealing cars. Although a noble pursuit, there are also many instances where overly aggressive officers or individuals rush to charge another with auto theft before having all the facts. With overzealous accusations come unfair trials and unjust convictions.
Due to these issues, having a qualified and experienced criminal defense attorney representing you is key in the eventual solution to this difficult problem. An attorney can argue your case and present you in a favorable light the helps you chances of regaining your freedom and moving on with your life.
Melbourne Auto Theft Attorney
With law enforcement and prosecutors willing to take extensive legal action against those suspected of auto theft in Florida, having a committed and aggressive defense lawyer to refute the charges against you in an effective manner, is vital in your long-term defense strategy. The attorneys at The Law Offices of Germain & McCarthy are here to represent individuals accused of auto theft and will make use of their legal understanding and comprehension of Florida law to develop the proper defense argument that will help you fight the charges and get them reduced or even dismissed.
This dedication to protecting the rights of the clients they serve has enabled the firm to thrive and successfully defend many Florida residents who thought they were out of options. Call (321) 253-3447 or send an online message to schedule a free and confidential consultation with the attorneys at The Law Offices of Germain & McCarthy.
The law firm proudly represents individuals throughout Eastern and Central Florida, including, but not limited to, the cities of Melbourne, Cocoa Beach, Cape Canaveral, Orlando, Winter Park, Belle Island, Windermere, Daytona Beach, Edgewater, Sanford, Casselberry, Vero Beach, Kissimmee and Saint Cloud.
Car/Auto Theft under Florida Law
The state of Florida uses the term “carjacking” to describe automobile theft. According to Florida Statute §812.133, carjacking means 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. In the course of taking the motor vehicle, one of the following must occur:
- Use of force
- Use of violence
- Putting in fear
If in the course of committing the carjacking, the offender carried no firearm, deadly weapon or other weapons, they will be charged with a felony of the first degree. This charge, if convicted, comes with a presumptive sentence of up to 30 years in prison and / or fines of up to $10,000 (§775.082, §775.083).
Similarly, if, in the course of committing the carjacking, the offender carried a firearm, deadly weapon or other weapons, they will be charged with a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment (§812.133(2a)). This means that the charge is the same no matter if there was a weapon or not, but the sentence itself will likely be much more severe if a weapon was used.
Law Offices of Germain & McCarthy | Brevard County Carjacking Lawyer
If you or a loved one has been accused of car theft or auto theft in Florida, ensure you are doing the right thing by working with the legal team at The Law Offices of Germain & McCarthy to get started developing a defense strategy that clears your name and allow you to keep your freedom.
With years of criminal defense experience, you can rest assured that the attorneys at The Law Offices of Germain & McCarthy will be prepared to fight for your rights immediately, and in an effectual manner that increases your chances to receive a favorable verdict.
To schedule a free and confidential consultation to go over your case in detail, call (321) 253-3447. The legal team proudly represents individuals accused of criminal acts throughout Brevard County, Orange County, Volusia County, Seminole County, Indian River County and Osceola County.