Federal Carjacking Laws (18 USC 2119)

If you are facing federal carjacking charges, you need to speak to an experienced federal criminal defense attorney immediately.

Prosecution of Federal Carjacking Charges under 18 USC 2119

1. You knowingly took a motor vehicle;
2. You did so by force and violence or by intimidation;
3. The motor vehicle previously had been transported, shipped or received in interstate of foreign commerce; AND
4. You intended to cause death or seriously bodily harm at the time you demanded or took control of the motor vehicle.

Sentencing and Punishment for a Federal Carjacking Conviction

If you are convicted of federal carjacking charges, you face a maximum sentence of 15 years in state prison.

Possible Defenses to Federal Carjacking Charges

• The motor vehicle never crossed state or national boundaries - If the alleged vehicle never crossed state or national boundaries, you cannot be lawfully convicted of this crime. However, you could be charged with a state carjacking violation. Furthermore, this law only applies to motor vehicles, not “motor vehicle parts.” The vehicle must be completely manufactured before crossing state lines in order for this law to apply.

• The vehicle was not within the driver’s control – If the alleged vehicle was not within the “physical proximity of the victim,” it cannot constitute a carjacking. This statute requires that you took the vehicle b y force and violence or by intimidation. If the driver of the car was not in or near the car at the time it was allegedly taken, this does not constitute a violation of federal carjacking laws.

• You did not intend to cause serious bodily injury or death – Your attorney may be able to show the court that you did not intend for serious bodily injury or death to occur as a result of your actions. Say, for example, you stole the vehicle by pointing a gun at the driver and he or she complied with your demands, allowing you to take the car without use of force or violence. As you drove away, the driver was struck by another car and is killed. In this case, your attorney may be able to show the court that your actions do not demonstrate any sign of intent to cause injury or death and that your actions were not the direct cause of the driver’s death. Thus, if the prosecution cannot prove that you had the required intent, you should not be convicted of this crime.

FAQs Regarding Federal Carjacking

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