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Memphis Carjacking Defense Lawyers
Aggressive Defense for Serious Charges in Southaven
Carjacking refers to the act of motor vehicle theft. The crime of carjacking is more serious than general theft because carjacking involves the use of force, intimidation, or a deadly weapon.
Whether you have been accused of carjacking or of general motor vehicle theft, you should take the charges seriously as convictions of these crimes can lead to severe, life-altering penalties. You will want a skilled carjacking defense attorney in Memphis on your side to help protect your rights and fight for your freedom. At the Claiborne Ferguson Law Firm, P.A., we work tirelessly to provide the aggressive representation you need.
What are the Penalties for Carjacking in Tennessee?
Depending on the severity of the crime and whether any force or weaponry was used, you may be charged with theft or with carjacking. You could also be charged with joyriding if you took someone’s vehicle without their consent but without the intention of depriving the owner of their property rights.
Motor vehicle theft can be charged as a:
- Class A misdemeanor: For property valued at $500 or less; punishable by a jail sentence of up to 11 months and fines up to $2,500
- Class E felony: For property valued between $500 and $1,000; punishable by jail time from one to six years and fines up to $3,000
- Class D felony: For property valued between $1,000 and $10,000; punishable by jail time of two to 12 years and fines up to $5,000
- Class C felony: For property valued between $10,000 and $60,000; punishable by a jail sentence of three to 15 years and fines up to $10,000
- Class B felony: For property valued between $60,000 and $250,000; punishable by jail time of eight to 30 years and fines up to $25,000
Carjacking is considered the most severe form of motor vehicle theft and is charged as a Class B felony.
How to Defend Against Carjacking Charges
Defending against carjacking charges can be complex, and it typically depends on the specific facts of the case. However, here are some general considerations that might be relevant to a defense strategy:
- Lack of Intent: One possible defense is to argue that you did not have the intent to commit carjacking. For example, if you can show that you believed you had permission to use the vehicle, it might undermine the prosecution's case.
- Identification Issues: If the victim's identification of you as the perpetrator is weak or unreliable, it could be used in your defense. This might involve questioning the accuracy of witness statements or the reliability of any identification procedures.
- Mistaken Identity: If there is evidence that you were not the person who committed the carjacking, such as alibi witnesses or surveillance footage, this could be a defense.
- Duress or Coercion: If you were forced or coerced into committing the act under the threat of harm to yourself or someone else, it might be a valid defense.
- Miranda Rights Violation: If law enforcement did not properly inform you of your Miranda rights during the arrest and interrogation process, it could potentially impact the admissibility of statements you made.
- Fourth Amendment Violations: If there were violations of your Fourth Amendment rights during the arrest or search, such as an illegal search or seizure, it may be possible to challenge the admissibility of evidence obtained as a result.
Contact Our Carjacking Attorney in Memphis Today
If you have been accused of carjacking or car theft, you can count on the team at the Claiborne Ferguson Law Firm, P.A. Our carjacking defense attorneys in Memphis are dedicated to fighting for clients and helping them obtain favorable results.
Over 35 Years of Criminal Defense Experience
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