Accused of Carjacking in Olathe?
Call 913.232.2518 Today for the Representation You Need
The act of carjacking refers to the unlawful seizure of an automobile.
In most cases the carjacker is armed and forces the driver out of the
vehicle by threatening them with bodily injury. In rare cases the driver
is kidnapped by the carjacker and detained as a captive passenger under
duress or forced to drive by the abductor.
Contact an Olathe criminal defense attorney from Martin & Wallentine, LLC today if you have been accused of carjacking crimes.
Carjacking Crime Statistics
The crime of carjacking is extremely dangerous as it threats the physical
safety of the carjacker and the victim. In order to gain control of the
vehicle, the carjacker often has to physically pull or push the driver
out of the driver's seat or to force him or her out of the car. Once
the carjacker is behind the wheel the public are at risk when the carjacker
drives at unsafe speeds or when they drive recklessly. The carjacker usually
intends to use the stolen vehicle to commit another crime or to make a
fast get away from a crime they just committed.
Carjacking is different from straight auto theft because of the fact that
a victim is present, and because the offender uses or threatens to use
force against the victim. According to the July 1, 2004 report that tracked
carjacking in the United States from 1993 to 2002, a weapon was used in
74% of carjacking cases, and firearms were used in 45% of carjackings,
with knives being used in 11% of the cases and other weapons in 18%. The
report also concluded that carjackings were highest in urban areas, followed
by suburban areas and rural areas. The report found that 93% of carjackings
occurred in cities or suburbs. (Bureau of Justice Statistics)
Kansas and Johnson County Property Crimes
The state of Kansas does not have a specific carjacking statute; instead
carjacking is covered under Article 58. – Crimes Involving Property,
Theft. Under §21-5801, theft involves any of the following acts with the
intention of permanently depriving the owner of the possession, use or
benefit of their property or services:
- Obtaining or exerting unauthorized control over property or services; or
- Obtaining control over someone else's property or services by means
of deception; or
- Obtaining control over property or services by using threats; or
- Obtaining control over stolen property or services knowing they were stolen.
When the value of the property or services stolen is valued at $1,000 but
less than $25,000, it is a level 9 felony. When the property or services
stolen is valued between $25,000 and less than $100,000, it is a level
7 felony offense.
The sentencing and penalties for carjacking will depend on a variety of
factors including the suspect's criminal record (if any), whether
or not they caused bodily injury to the victim, and whether or not they
used a weapon to commit the crime. Depending on the perpetrator's
criminal history and the circumstances surrounding the case, the individual
faces the possibility of hefty fines, imprisonment, community service,
restitution, probation and more.
Stabilize Your Future with an Olathe Criminal Defense Lawyer
If you or someone you love has been arrested for carjacking or any other
criminal offense, we urge you to
contact a Johnson County carjacking lawyer from Martin & Wallentine, LLC immediately. Being arrested for any
felony crime is a serious matter and may involve thousands of dollars in fines and
incarceration. Attorney Wallentine will carefully evaluate your case and
determine which defense strategy would be in your best interests. Helping
you and your family overcome this ordeal is our top priority and we will
serve as your greatest advocate during this difficult time in your life.
free case evaluation right now!