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 Johnson County 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 threatens 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, Section 21-5801. 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 Johnson County 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 extremely difficult time in your life.
Schedule your case evaluation right now!
Read What Our Former Clients Have Said
"Professional, informative, and vital in working with the prosecutor to secure the most favorable outcome possible".Barb
"Jerry kept in constant contact with us and our son during the case and went the extra mile to plea before the judge outside and inside the courtroom".Joanne from Nebraska