Committing theft-related offenses can cause severe consequences for the involved parties. Thus, you want to understand what to expect if you or your loved one faces arrest and is charged with carjacking. With the information, you can prepare yourself adequately by developing defenses or counterarguments for use in court.
Nevada Revised Statutes do not necessarily provide for carjacking as a single offense but rather as multiple possible offenses that often occur as an accused person commits the carjacking offense. Subsequently, you can expect to face the primary offense as a charge, with carjacking as part of your elements of crime. This way, you will need to focus your defenses according to the prosecutor's presentation to avoid relying on irrelevant counterarguments.
What to Expect When Charged With Carjacking
Persons facing arrest for the first time may be unaware of the specific process involved when one receives a charge, meaning they may not understand the pointers to look out for. Hence, you want to understand the procedures involved in presenting charges, as it prepares you to seek assistance from the relevant parties, especially your attorney.
Soon after your arrest, you will be detained at the nearest police station pending the booking process. Undertaking the procedure is important because it helps the arresting officers collect all the information necessary to charge you. Usually, the officers will require you to provide your full official name, your place of residence, fingerprints, and photographs.
Afterward, you are ready to learn of the official charges, which the officer in charge will read out for you. They will base the charges on the illegal actions you are accused of.
The Prosecutor's Role in Preparing a Case Against You
Soon after learning of your official charges, the investigating officers will forward your details to the presiding prosecutor to allow them to take over the matter. Their role is to develop a case against you on behalf of the state in general, and the aggrieved parties. Subsequently, you will appear in court as the defendant in the case, meaning that you will need to prepare your defenses and make all court appearances.
The prosecutor is tasked with upholding the burden of proof, meaning that they will need to collect evidence against you to prove their case. Due to this, you can expect to have several witnesses and additional evidential sources presenting information on what you did during the alleged time of committing offenses. Usually, the prosecutor will choose one offense to build a carjacking case against you. The main guiding factor in determining the type of case presented against you is the charge you received for your crime.
Some of the common charges applicable to persons accused of carjacking are:
1. Committing Robbery
Robbery is a common charge issued for carjacking cases, as it involves taking another person's possessions by force. Noteworthy, most carjacking incidents involve forcefully removing victims from their vehicles to take possession of it. Under section 200.380 of the Nevada Revised Statutes, robbery is categorized as using violence, intimidation, or force when taking the victim's vehicle.
Therefore, the prosecutor will focus on proving the use of force or intimidation by analyzing the case circumstances. For example, if you pushed the alleged victims out of the car or threatened to harm them if they did not leave the vehicle, the prosecutor may succeed in showing your involvement in the crime.
Penalties for committing robbery while carjacking is also provided for in the Nevada Revised Statutes. The offense falls under category B, a class of serious crimes involving harming the victims without ending their lives. Hence, you may face two to fifteen years in prison for robbery during a carjacking.
2. Committing Murder
A carjacking attempt may invoke too much force or violence as the accused tries to remove the crime victims from their car. Consequently, you may commit murder as you try to take possession of the vehicle, making you answerable for a more serious offense.
Committing murder amounts to a capital offense that attracts the maximum penalty. Based on the seriousness of your case, the prosecutor will need to prove that you formed a deliberate intention to kill the victims involved in the altercation. They may do this by focusing on the events leading up to the carjacking. For example, if you bought a firearm to kill the victims so that they may not cause resistance during the carjacking, you will be guilty of having premeditated intentions to kill. Ultimately, you will be answerable to a murder charge under section 200.030 of the Nevada Revised Statutes.
Penalties for a murder case are serious, as the crime is the most severe offense recognized in the state. Murder is therefore categorized as a Class A offense, meaning that it attracts a sentence ranging from two years to life in prison. The severity of your punishment depends on whether your case involved aggravating factors and whether you killed one or multiple victims.
3. Committing Grand Theft on a Motor Vehicle
Many persons accused of carjacking intend to deprive the victims of their car permanently. This element is relevant to grand theft, an offense prohibited under section 205.228 of the Nevada Revised Statutes.
You should note that the prosecutor's case focuses on whether you stole the vehicle in question and, if so, how much the car is valued. Determining the vehicle's price is relevant, as it helps establish your offense as grand theft. This is because grand theft is only chargeable if the value of items stolen is above $950. Nevertheless, most vehicles cost well above the price, so the prosecutor will proceed with the trial provided evidence of your actions is available.
Persons found guilty of committing grand theft of a vehicle face a Category C offense. Thus, the penalties issued under this classification may face either one to five years in prison or up to $10,000 in fines.
However, grand theft is also classified as a category B offense if case circumstances differ. The penalties issued may range from one to six years in prison or up to $5000 in fines.
4. Attempted Murder
While some offenders complete their illegal actions by killing victims during a carjacking, others will face attempted murder accusations. The charge is applicable where you tried to end the victim's life but failed to do so. Although the victim may have survived, you are still answerable before a criminal court for the illegalities involved in your carjacking operation.
Attempted murder falls under Category B in ranking offenses, which is considered a severe crime. Subsequently, the penalties issued for guilty parties range from two to twenty years, depending on specific case facts and aggravating factors.
5. Using a Deadly Weapon to Commit Assault
An assault offense involves performing actions aimed at causing the targeted victim to fear for their safety without causing any physical contact with them. Among the various actions that the accused person may be guilty of when assaulting the victim is using a deadly weapon. Deadly weapons include firearms and sharp objects like knives capable of causing fatal wounds. Committing assault using a deadly weapon may mean that you brandished it towards the victim to invoke fear in them. Alternatively, you may have fired at them or thrown the deadly weapon but missed their body.
Thus, the prosecutor will need to prove that your actions caused the carjacking victims to fear for safety, despite no bodily contact reasonably. Evidential sources like surveillance footage and witness testimonies are likely to be the prosecutor's primary reliance when building a case against them. Assault with a deadly weapon is prohibited under section 200.471(2)(b) and is classified as a Category B offense.
After your case is heard to a conclusion and the presiding judge finds you guilty of the offense, you can expect to face one to six years in prison or fines of up to $5000.
6. Committing Battery
Lastly, carjacking cases may also involve battery, an offense related to the assault. The difference between assault and battery is that the latter involves creating physical contact with the victim. Subsequently, they will feel the impact of your attack and possibly suffer injuries from them. Due to this, you will face a court trial under section 200.481 of the Nevada Revised Statute, and the prosecutor will need to prepare an elaborate case to prove your guilt.
In court, you should work with an attorney to ensure that your defense points are credible by backing them with proof. For example, if you claim that there was no physical contact with the victim, you should show that their claims are false to help you dissociate from the offense.
If found guilty of battery, you will receive a sentence of up to six months or a fine of up to $1000, as it is classified as a misdemeanor.
Possible Defenses for Persons Accused of Carjacking
Working with a defense attorney will help you develop defenses for your case, as their expertise plays a significant role in helping you increase the quality of your arguments. Some applicable defenses include:
- You lacked criminal intention to commit carjacking.
- You did not deprive the alleged victim's possession of the vehicle permanently.
- There was a mistake of fact.
- Police misconduct led to your arrest.
- You possessed the vehicle in question lawfully.
Contact a Las Vegas Bail Bonds Service Near Me
Facing arrest and detention can result in multiple uncertainties, especially when you face serious charges related to carjacking. Therefore, exiting jail by posting bail is a great way to prepare your case, as you will have sufficient time to build your case. At Express Bail Bonds, we prioritize helping clients exit jail by providing the best bail services. If you or a loved one has been arrested for carjacking charges, call us today at 702-633-2245 for assistance.
