Fredericksburg Carjacking Penalties
A person convicted of carjacking in Fredericksburg could be facing serious penalties. A carjacking offense is serious in Virginia and could potentially lead to prison time. When a person is facing carjacking charges, they should consider hiring a skilled carjacking attorney. The person is going to need an attorney so they can help build the best defense, which may be a sound legal defense, a mitigation defense, or a combination because the person is facing serious penalties.
Carjacking requires the use of force, the threat of the use of force, or intimidation. If someone steals the keys or does another action that deprives the owner of their property, they may be rightly convicted of grand larceny, grand larceny auto, or unauthorized use if they did not intend to permanently take the car. If they used force, it can fall to the more serious carjacking statute. Carjacking is a more serious felony than certain types of assault charges as well as certain types of grand larceny charges because it combines the two. If you are facing charges, it is important to understand the potential Fredericksburg carjacking penalties. You will want a reliable attorney who understands the local misdemeanor and felony policies regarding theft.
Proof Beyond Reasonable Doubt
The prosecutor needs to prove beyond a reasonable doubt for a person to be convicted of carjacking. For a person to be convicted of carjacking charges in Fredericksburg, all of the elements of the offense must be proven beyond a reasonable doubt, if not beyond any doubt or beyond a reasonable one. There is the idea that any doubt, a reasonable doubt and what the burden is. Generally, the burden of reasonable doubt is the highest burden that a court can oppose upon a jury or a judge.
Consequences of Felony Carjacking
There are several possible felony Fredericksburg carjacking penalties. If a person is convicted of a felony carjacking offense in Fredericksburg, the person will be sentenced by a judge or tried by a jury. A jury will recommend a sentence and a judge will ratify it. If the person is convicted of a carjacking offense, the person will be sentenced to a period of incarceration in prison. The Virginia felony offense allows for time to be served in prison, which is the Department of Corrections or local jail time in some instances.
Carjacking is not one of those offenses that allow for local jail time. Any offense for a carjacking crime would carry with it the likelihood of prison time. That prison time is calculated or based on a variety of factors, including a person’s past criminal history and the nature of the offense. Generally, carjacking is an unclassified felony punishable by fifteen years to life in the Department of Corrections. Virginia Code Section 18.2-58.1 carries the specific punishments available by law.
Difference Between Carjacking and Joyriding
Joyriding is otherwise known as the unauthorized use of a motor vehicle. In certain instances, unauthorized use can be a felony, but the force element or the threat of force element is what distinguishes carjacking from unauthorized use. Also, carjacking requires the threat or the intent to permanently deprive the person of the property. Carjacking is assault plus larceny versus unauthorized use being a temporary larceny.
How Prior Criminal Convictions Impact a Case
If a person has a prior criminal conviction, it will impact their Virginia Sentencing Guidelines. For all criminal felony offenses in Virginia, Virginia looks at the Virginia Sentencing Guidelines to try and equalize punishment throughout the Commonwealth. This means in practical terms that the sentencing guideline intends to make sure that judges in Virginia Beach are giving similar punishment for a background to judges in Leesburg, Charlottesville, or Richmond.
It is not a different scenario in which sentencing guidelines could be impacted and prior criminal history is one of them. Additionally, a judge or a jury who get to make a sentencing decision will consider whether it was someone’s first offense in the criminal justice area and they simply made a spur of the moment, terrible decision or if they are a hardened criminal. The way that a judge or a jury has to evaluate this difficult task is through someone’s prior criminal history.
Benefits of an Attorney
Felony carjacking penalties are harsher and cases are taken more seriously. A judge or jury has to evaluate the evidence and the prosecutor needs to prove beyond reasonable doubt in order to convict the person of carjacking. If someone is facing Fredericksburg carjacking penalties, it can be beneficial to hire an experienced Virginia attorney.
A local attorney understands the policies and procedures in that jurisdiction. Since carjacking is a serious offense in Virginia, it is essential that you have legal representation if you are facing charges for carjacking. A skilled attorney can evaluate the evidence and determine the best course of action.