How to Find Information on the Penalty for Carjacking

A carjacking is when a person tries to forcibly take a car from its owner while the owner is present. A serious crime, carjacking can be done with or without weapons. While most carjackings do not result in harm to the victim (or only a minor injury), there are a number of homicides associated with carjackings each year. If you have been the victim of a carjacking or have been charged with committing one, you will want information on the penalty for this crime.

Difficulty: Moderately Easy

Instructions

Things You'll Need:

• Internet access
• Computer
• Telephone

1. Contact an attorney if you've been charged with carjacking. Attorneys who specialize in criminal law are the best resource for finding out the penalty for carjacking in your area. Different states have different laws and penal codes and the penalty for carjacking can vary according to the circumstances of the crime. A local attorney will have all the most current, accurate information. Find a qualified local attorney through the American Bar Association (see Resources below).

2. Dive into the penal code. Penalties for everything classified as a crime in your state will be located here. You can access this code online in most states.

3. Be aware that while individual states have their own laws regarding carjacking, federal law mandates that if the victim is killed during a carjacking, the penalty may be either death or life in prison.

4. Get help. If you need legal or emotional support after a carjacking, contact the National Center for Victims of Crime at 1-800-FYI-CALL or visit them at its Web site (see Resources below).

5. Inform the police. Following with the local police is a must if you have been carjacked. The police will start an investigation into the incident and can give you further information on the penalty the carjacker may face if caught.

Tips & Warnings

• Always keep your car doors locked while you are driving and roll up your windows when you come to a stop. Carjackings frequently occur at stoplights or stop signs. If your car doors are locked, this lessens the chance that a carjacker will be able to forcibly remove you from your car or jump in the passenger door.
• If you are the victim of a carjacking in a federal case, you have the right to be informed whenever the carjacker is released from prison. Make sure to keep the court up to date on your address so they can notify you.
• If you are confronted with a carjacker, do not attempt to fight him for your car. Most injuries that occur in carjackings happen when the victim refuses to hand over the vehicle. Since 82 percent of carjackings involve the use of a weapon, your chances of being injured are fairly high if you choose to fight. A car is not worth your life or well-being.

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