Carjacking Charges NJ
Prosecutors often take an extreme position in carjacking cases. The Law Offices of Herbert I. Ellis, P.C., have decades of experience represented people who have been charged with carjacking anywhere in New Jersey or New York. We will provide you with knowledge, guidance, and the kind of aggressive defense necessary for the best result in your case.
Carjacking Law in NJ To determine guilt of carjacking, the prosecutor or state must establish the following 2 things:
1- They must show that a motor vehicle was taken without consent of the owner and the person who took the vehicle had the intent to deprive the true of the vehicle 2- They must demonstrate one of the following:
a. Bodily force was used or inflicted to get control of the vehicle.
b. The accused individual used threats (implied or express) or knowingly caused imminent fear of bodily injury.
c. During the course of obtaining control of the vehicle, the accused individual committed a first or second degree crime. For example the individual committed an aggravated assault while obtaining the vehicle.
d. The accused individual took possession of the car while the owner or occupant remained inside the vehicle.
Taking someone’s keys or a carjack attempt will qualify as a carjacking under New Jersey carjacking law.
Carjacking is considered a First Degree Offense and can result in a sentence of jail time between 10 and 30 years. The No Early Release Act (NERA) applies to carjacking offenses, requiring an individual charged and found guilty of carjacking to serve 85% of any sentence imposed before parole eligibility.
Because it is considered a First Degree Crime, there are somewhat stringent bail requirements for a carjacking charge. The recommended bail range for a carjacking charge is between $100,000 and $250,000 and there is no provision for a 10% bail posting (10% rider). The initial bail can often be set
much higher. If possible, we will present a bail motion in your carjacking case to attempt to reduce excessive bails and bail restrictions.
Our knowledgeable and skilled attorneys will aggressively protect your rights in any case. If you or someone you know has been charged with carjacking in New York or New Jersey, contact the Law Offices of Herbert I. Ellis, P.C. to provide you with a tough criminal defense team to work your case for the optimum outcome.