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What is carjacking federal charges
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling federal criminal cases. We’ve represented clients in high-profile matters that made national headlines – from the Anna Delvey case that became a Netflix series to the Ghislaine Maxwell juror misconduct case. If you’re facing federal carjacking charges, you need attorneys who understand how these cases are built and prosecuted.
Federal carjacking charges fall under 18 U.S.C. § 2119, and they’re not like state robbery charges. The penalties start at 15 years in federal prison and go all the way to death – depending on what happened during the carjacking. This statute was passed in the 1990s when carjackings became a national problem, the FBI started running task forces targeting carjacking rings across state lines.
When Carjacking Becomes a Federal Case
Not every carjacking ends up in federal court. State prosecutors handle most of them. Federal jurisdiction requires the vehicle traveled in interstate or foreign commerce – which covers basically every car in America. Your Honda was shipped from a factory in another state. That’s interstate commerce.
But meeting that requirement doesn’t automatically make it federal. Federal prosecutors pick their cases. They focus on carjacking sprees, multiple defendants, organized rings, cases involving firearms, cases where someone got seriously hurt or killed. One vehicle, no weapon, no injury? Probably staying in state court. Multiple carjackings with guns and injuries? You’re looking at federal charges.
If you’re already on the FBI’s radar and then you carjack someone, that case is going federal. Federal prosecutors stack charges, they use every crime you committed to build the biggest case possible.
The Three Penalty Tiers That Determine Your Sentence
18 USC 2119 has three levels of punishment based on what happened during the carjacking. No injury – maximum 15 years in federal prison. Serious bodily injury – maximum 25 years in federal prison. Death results – maximum of life imprisonment or the death penalty.
These are maximums, not mandatory minimums. Federal sentencing guidelines calculate a range based on your criminal history and what happened during the offense.
The “serious bodily injury” enhancement changes everything. Broken bones, gunshot wounds, injuries requiring hospitalization – that bumps the maximum from 15 to 25 years. Prosecutors charge this version when victims get hurt during the carjacking, even if you didn’t intend to hurt anyone. You shoved someone and they broke their arm? Serious bodily injury. The statute doesn’t require that you intended the injury, just that it occurred.
Death cases mean life imprisonment or the death penalty. If someone dies during the carjacking – victim has a heart attack, gets run over during the escape, gets shot – federal prosecutors can seek the ultimate penalties. Death penalty cases are rare even in federal court, but the possibility exists.
The Intent Element Everyone Misunderstands
Here’s what confuses people about 18 USC 2119 – the statute requires that you acted “with the intent to cause death or serious bodily harm” when taking the vehicle. That sounds like prosecutors have to prove you wanted to hurt or kill someone. But that’s not how courts interpret it.
The intent requirement is satisfied if you used force or intimidation that created a serious risk of death or bodily harm. Pointing a gun at someone during a carjacking? You had the intent to cause serious bodily harm – because pointing a gun inherently threatens deadly force. Dragging someone out of their car? Intent to cause serious bodily harm. The use of force or a weapon during the taking is enough.
The defense issue isn’t usually whether you had intent to cause harm – it’s whether you actually took the vehicle by force or intimidation at all. Misidentification, consent, lack of evidence you were involved. Those are the real disputes in carjacking cases.
How Federal Prosecutors Stack the Charges
Federal prosecutors don’t charge carjacking by itself. They stack charges. 18 USC 2119 carjacking plus 18 USC 924(c) for using a firearm during a crime of violence – that’s an automatic additional 7 years consecutive, meaning it runs after the carjacking sentence. Multiple carjackings? Each one is a separate count. Conspiracy to commit carjacking? Another count.
You’re looking at an indictment with 5, 8, 12 counts even though you committed what feels like one crime. The sentencing guidelines calculate everything together – maybe 12 to 15 years, maybe 20 to 25 years, depends on your criminal history and what happened during the offense.
This is why federal carjacking cases almost always result in plea agreements. The trial risk is massive when you’re facing 40+ years of stacked charges. Prosecutors offer a plea to one or two counts, agree to dismiss the rest, recommend a lower guideline calculation. You take the deal because going to trial means risking decades more in prison if you lose.
What Actually Matters in Defending These Cases
The defense starts with the evidence. Can the government prove you did this? Witness identification is weak in many carjacking cases – victims are traumatized, it happened fast, they saw someone for 30 seconds. If there’s no physical evidence linking you to the vehicle, no surveillance video, no forensics – the case comes down to witness testimony that can be challenged.
Cell phone location data matters. Phone records can place you miles away from the scene. Co-defendant statements matter – if someone got arrested and is cooperating to reduce their sentence, they’ll say whatever prosecutors want. These statements can be challenged.
The firearm issue is critical because of 924(c). If prosecutors can’t prove you personally used or carried a gun, that’s 7 years off your potential sentence. Sentencing advocacy becomes crucial once you’re convicted or take a plea. Acceptance of responsibility gets you 2-3 levels off your guideline calculation – that can mean years of difference in actual prison time.
Why You Need Experienced Federal Defense Attorneys
The FBI agents who investigate federal carjacking cases are professionals – they’ve built hundreds of cases, they know how to get convictions. Federal prosecutors have unlimited resources and prepare thoroughly.
At Spodek Law Group – we’ve handled federal violent crime cases for many, many years. Our attorneys include former federal prosecutors who understand how the government builds these cases from the inside. We know the sentencing guidelines, we know which arguments judges actually listen to, we know how to negotiate with federal prosecutors who respect our reputation.
The worst thing you can do after a federal carjacking arrest is talk to law enforcement without a lawyer. They’re not trying to help you. Every statement you make gets used against you at trial. You have the right to remain silent – use it. You have the right to an attorney – call us immediately.
We’re available 24/7 because federal arrests happen at any time. We’ve represented clients in cases covered by NY Post, Newsweek, Bloomberg. If you’re facing federal carjacking charges under 18 USC 2119, contact Spodek Law Group today. We offer risk-free consultations – ask us anything about your case. Don’t face the federal government alone.