Charged with Carjacking? You need Schmierlaw, an experienced, affordable and aggressive Detroit carjacking defense lawyer. You are facing severe penalties including life in prison, so you need all the help you can get. Contact Schmierlaw for an initial, free consultation if you are charged with the capital crime of carjacking.
The Carjacking Law
In Michigan, it is illegal to take a motor vehicle in the possession of another. When force is used to take the car then the conduct is known as carjacking. Under the carjacking law, the crime has been committed so long as force is used to deprive another of a car, and it does not matter if the person attacked was the owner or driver of the vehicle. Carjacking is often confused with the crime of robbery. Essentially, carjacking is a robbery but with the added intent to take another’s motor vehicle for some period of time.
Sttealing man's horse has always been a "Hanging" Offense. In the old west,stealing a person horse could mean leaving them at the mercy of the Indians, wild animals, starvation, or some some other equally horrible death. If you were caught you were generally hung as a determent to other horse thieves. Taking someone's car and leaving them stranded in some strange neighborhood where they face further danger is still taken very seriously by the Prosecutors and Judges. And, while we don't hang you for it, it could mean life in prison.
A Carjacking Conviction Could Mean Life in Prison
Being convicted of a carjacking anywhere in Michigan has serious legal ramifications. This is a felony offense and if you are convicted you could face up to life in prison. Michigan laws in these situations can be very tough. And if you are using a weapon, you will almost certainly face felony firearm charges.
Michigan Carjacking Law, MCL 750.529a States:
(1) A person who in the course of committing a larceny of a motor vehicle uses force or violence or the threat of force or violence, or who puts in fear any operator, passenger, or person in lawful possession of the motor vehicle, or any person lawfully attempting to recover the motor vehicle, is guilty of carjacking, a felony punishable by imprisonment for life or for any term of years.
(2) As used in this section, “in the course of committing a larceny of a motor vehicle” includes acts that occur in an attempt to commit the larceny, or during commission of the larceny, or in flight or attempted flight after the commission of the larceny, or in an attempt to retain possession of the motor vehicle.
(3) A sentence imposed for a violation of this section may be imposed to run consecutively to any other sentence imposed for a conviction that arises out of the same transaction.
Defending a Person accused of Carjacking means looking closely at the facts
When you retain Schmierlaw, we will look to see if you were mistakenly identified as the individual who committed the crime. We will question any accusation that you used fear or force in taking the vehicle from the victim. We will closely scrutinize any evidence or witnesses against you to make sure you are not falsely blamed . We will make sure your Constitutional Rights are fully protected and you are not being denied those rights throughout the entire court proceeding. At Schmeirlaw we will aggressively represent you if you are accused of Carjacking in Detroit or anywhere in Michigan to make sure you rights, freedom and future are protected.
Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742 FAX: (248) 540-0044 Email: email@example.com