NJ Carjacking Charges – N.J.S.A. 2C:15-2

Carjacking is a first-degree offense in New Jersey, punishable by 10 to 30 years of imprisonment, including at least 5 years without eligibility for parole. Anyone indicted on charges of carjacking – inflicting or threatening bodily injury while stealing or attempting to steal a motor vehicle – needs to engage an experienced NJ criminal defense attorney as soon as possible.

As an N.J. carjacking defense attorney, Attorney Jason A. Volet recognizes the harsh consequences of a carjacking conviction. If you have been charged with carjacking in New Jersey, Jason Volet will fight for your freedom and stand up for your legal rights.

Attorney Jason Volet is a former Monmouth County prosecutor. He has an insider’s knowledge of how violent theft crimes are prosecuted in Freehold and the surrounding communities. As a criminal defense attorney, Jason Volet uses his extensive knowledge to aggressively defend his clients. He is a seasoned criminal defense attorney who has handled more than 2,000 cases.

What Are The Basics of Carjacking Offenses Under NJ Law?

Carjacking is a specific offense that is defined under New Jersey law as a theft crime and a crime of violence. Therefore, it is prosecuted differently than other forms of motor vehicle theft.

There are four different actions or circumstances that must be present during the theft of a vehicle to warrant carjacking charges. According to N.J.S.A. 2C:15-2, an individual charged with carjacking must have been “committing an unlawful taking of a motor vehicle” and one of the following must also have occurred:

• The party originally in control of the vehicle was subjected to injury or use of force.
• An occupant of the vehicle was threatened or intentionally made to fear sudden harm.
• The unlawful taking of the vehicle involved the commission or threat to commit a first- or second-degree offense such as a crime of violence.
• The taken vehicle was operated with one or more of the original occupants remaining in the vehicle.

Any use of physical force or brandishing of a gun, knife, or another weapon to a vehicle occupant during a car theft is enough to draw a carjacking charge. If any of the occupants of the car – adult or child – remain in the car after it has been stolen, even if they are not threatened, it is considered carjacking. If a person were to rob another person and then take their car to get away, they could face carjacking charges if caught.

What Are Some Punishments for Carjacking in NJ?

A conviction for carjacking in New Jersey carries a sentence of 5 years in prison and often more. New Jersey’s carjacking statute requires a minimum of 5 years without eligibility for parole but says a defendant may be sentenced to 10 to 30 years. If the carjacking or an accompanying crime was violent or resulted in injury, or if a weapon was shown, additional years would be likely if convicted.

Carjacking is one of several first and second-degree offenses subject to New Jersey’s No Early Release Act (NERA), which says a defendant must serve 85% of the sentence before becoming eligible for parole. That comes to 8.5 years of a 10-year sentence up to 25.5 years of a 30-year sentence.

Under NERA, after release from prison on a carjacking conviction, the person convicted of carjacking faces 5 years of parole supervision.

What If I Am Facing Weapons Charges in a New Jersey Carjacking Case?

In most carjacking cases, there are additional charges filed, such as motor vehicle theft, assault, robbery, or possession of a weapon while in the course of committing a crime.

Conviction of any of these charges could bring additional prison time as well as steep fines. A conviction for weapons charges could lead to strict parole periods as well as a future loss of gun rights.

New Jersey law defines a weapon as “anything readily capable of lethal use or of inflicting serious bodily injury.” This includes any kind of firearm, even if it is not loaded, as well as knives, clubs, brass knuckles, or stun guns. Because of New Jersey’s broad definition of weapons, some defendants don’t realize the item they were carrying could be considered a weapon.

Possession of a weapon while in the course of committing a crime is a second-degree offense if the weapon is a firearm. A conviction carries a sentence of 5 to 10 years in prison and a fine of up to $150,000. Weapon possession is a third-degree offense for weapons other than firearms and is punishable upon conviction by up to 5 years in prison and a fine of up to $15,000. Possession of a weapon for an unlawful purpose can be charged as a second- or third-degree offense.

Need Help with Carjacking Charges in NJ? Call Today

There are viable defenses to carjacking charges. Prosecutors must prove a carjacking charge beyond a reasonable doubt, including the defendant’s intent to unlawfully take the vehicle. Perhaps the whole thing was just a misunderstanding. Regardless of the evidence, a defendant facing carjacking charges needs an experienced criminal defense attorney to protect their rights and to explore the possibility of having the charges reduced to lesser charges or dismissed.

Because of his extensive experience as a Monmouth County prosecutor and a Freehold theft and violent crimes defense attorney, Jason Volet understands how important it is for those accused of carjacking to have a skilled lawyer handling their defense as soon as possible. If you or a loved one is facing carjacking charges in New Jersey, don’t wait to call and seek the legal counsel you need.

Schedule a free consultation today, and learn how an experienced New Jersey carjacking defense attorney at the Law Office of Jason A. Volet will fight for your rights and your freedom. Call or fill out our online contact form now.