Are There Defenses for a Carjacking Charge?

 Posted on June 21, 2024 in Robbery and Carjacking

Carjacking is a serious felony offense in Maryland, carrying potential penalties of up to 30 years in prison. If you have been charged with carjacking, you must understand your legal options and potential defenses. While the specific circumstances of each case vary, several common defenses may apply to your situation. A Maryland lawyer can help you determine the direction you should take for your case.

The First Thing You Should Do After Your Charge

After being charged with carjacking, the first and most important step is to secure experienced legal representation. An attorney can assess the unique facts of your case, advise you of your rights, and develop a strong defense strategy tailored to your situation. Avoid discussing your case with anyone other than your lawyer, as statements made to law enforcement or others could be used against you in court.

Mistaken Identity Can Be a Defense

One possible defense against a carjacking charge is mistaken identity. If you were not the person who committed the alleged crime, your lawyer may be able to present evidence that casts doubt on the identification made by witnesses or the victim. This could include alibis, surveillance footage, or other evidence demonstrating you were elsewhere at the time of the incident.

Can You Prove a Lack of Intent?

To secure a conviction for carjacking, the prosecution must prove that you intended to deprive the owner of his or her vehicle permanently or for an extended period. Your attorney can use lack of intent as a defense if you believe you had permission to use the vehicle or intended to return it promptly.

Were You Coerced Into the Crime?

In some cases, an individual may commit a carjacking under duress or coercion, meaning he or she was forced to do so by another person under the threat of harm. If you were compelled to participate in the crime against your will, your attorney may be able to present this as a defense, potentially reducing or eliminating your criminal liability.

Insufficient Evidence is a Common Defense

The prosecution bears the burden of proving each element of the carjacking charge beyond a reasonable doubt. If your attorney can prove the evidence against you is weak, contradictory, or insufficient, you could be acquitted or have the charges dismissed.

Make Sure Your Constitutional Rights Were Not Violated

Suppose the authorities violated these rights, such as by conducting an illegal search, seizing evidence without probable cause, or failing to properly advise you of your Miranda rights during questioning. In that case, your attorney may be able to challenge the admissibility of any evidence obtained as a result of these violations. This could lead to the suppression of key evidence or even the dismissal of charges altogether, depending on the severity and impact of the constitutional breach on your case.

Contact a Towson, MD Criminal Defense Lawyer

While facing a carjacking charge can be a stressful experience, remember that you have legal rights and potential defenses. By working closely with a knowledgeable Bel Air, MD criminal defense attorney, you can explore all available options and develop a strong strategy to protect your freedom and future. Call Seger Law, LLC at 443-208-4692 for a free consultation.