The Penalties for Carjacking in New Jersey

The Penalties for Carjacking in New Jersey

Carjacking is considered a very serious crime in New Jersey. It involves using force or threats to take someone’s vehicle from them against their will. If you are convicted of carjacking in New Jersey, you will face some of the harshest penalties in the country.

What is Carjacking in New Jersey?

New Jersey statute 2C:15-2 defines carjacking as using force or threats while attempting to unlawfully take a motor vehicle from someone. More specifically, you can be charged with carjacking if you:

• Inflict bodily injury or use force on the driver or passenger while stealing their car
• Threaten the driver or passenger with immediate bodily injury
• Put the driver or passenger in fear of immediate bodily injury
• Commit or threaten to commit a 1st or 2nd degree crime during the theft
• Drive off with the victim still inside the vehicle

The statute covers the theft of cars, trucks, SUVs, and any other motor vehicle. The crime applies both to completed carjackings and attempted carjackings. As you’ll see below, the penalties are severe even for unsuccessful attempts.

Degrees of Carjacking in New Jersey

Carjacking is categorized as a first-degree felony offense in NJ. However, there are different degrees within that categorization:

First-Degree Carjacking

A standard carjacking with no aggravating factors is a first-degree crime punishable by 10-30 years in prison. This penalty applies if you:

• Injure the victim
• Brandish a weapon
• Make verbal threats
• Put the victim in fear

First-Degree Aggravated Carjacking

You can be charged with aggravated carjacking if the crime results in serious bodily injury to the victim. This elevates it to a first-degree offense with an extended term of imprisonment between 20-40 years.

First-Degree Carjacking with a Deadly Weapon

Displaying or using a deadly weapon such as a gun or knife during the carjacking makes it a first-degree crime punishable by 15-40 years in prison. This penalty applies even if you don’t actually injure the victim with the weapon.

Other Factors that Increase Penalties

There are other factors that can increase the penalties for carjacking above the standard first-degree range:

• Prior criminal record – If you have previous felony convictions, you’ll face the maximum sentences
• Victim was 60+ years old – Elderly victims can add up to 18 months to the minimum sentence
• Offense occurred in a school zone – An extra year is added to the minimum sentence

Juvenile Penalties for Carjacking

The penalties for juveniles convicted of carjacking in New Jersey are:

• Ages 15-17: 3-5 years in juvenile detention facility
• Ages 14 and under: Up to 36 months in juvenile detention

However, juveniles age 15 and older can be tried as adults, facing the same penalties listed above. The prosecutor typically decides whether to charge a juvenile in adult court.

Defenses to Carjacking Charges

Although carjacking charges are severe, a skilled criminal defense attorney may be able to get them reduced or dismissed using certain defenses. Some examples of carjacking defenses include:

• You had permission or consent to use the vehicle
• You did not use force or threats to take the vehicle
• Misidentification – You were not the perpetrator
• Duress – You were forced to commit the crime under threat to your life

An attorney can review the details of your case and determine if any defenses apply that could lead to an acquittal or reduced charges.

Additional Consequences of a Carjacking Conviction

Beyond the stiff prison sentences, a carjacking conviction also brings additional penalties such as:

• Permanent criminal record
• Loss of certain civil rights
• Driver’s license suspension
• Difficulty finding employment
• Deportation if not a U.S. citizen

Finding an Experienced Carjacking Defense Attorney

If you are facing carjacking charges in New Jersey, it is critical that you retain an experienced criminal defense lawyer immediately. The penalties are extremely severe, so you need an aggressive attorney on your side fighting to protect your rights at every stage. Be sure to choose a lawyer with extensive experience specifically defending carjacking cases in NJ courts. They will analyze the prosecution’s evidence against you, develop an effective defense strategy, and strive to get your charges reduced or dismissed. With so much at stake, a knowledgeable carjacking defense attorney could make all the difference in the outcome of your case.