FREE CONSULTATIONTEXT OR CALL 24/7
Free Consultation:

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.

Carjacking is considered a felony and falls under MCL 750.529a. 

DEFINITIONS:
CARJACKING

  • Larceny – is the taking and movement of someone else’s motor vehicle with the intent to take it away from that person permanently. 
  • 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. 
  • An accused “takes” a motor vehicle “from” another when she/he acquires possession of the motor vehicle through force or violence, threat of force or violence, or by putting another in fear.   For example: Under this definition, a defendant may “take” a motor vehicle “from” another person, for purposes of carjacking, by driving it while the other person remains with the vehicle.

The state has to prove these five (5) elements in order to find the accused guilty of Carjacking

  1. The accused took a motor vehicle that was not his/her own,
  2. The vehicle was taken from the immediate presence of a person who possesses the vehicle,
  3. The vehicle was taken against that person’s will,
  4. The accused used force to take the vehicle, and
  5. When the accused used force to take the vehicle, he/she intended to deprive the other person of possession of the vehicle. 

BLANK LAW, PC EXAMPLE 
CARJACKING                                                                                                           

The intent to permanently deprive the accuser of his/her motor vehicle is not an element of the crime of carjacking

The carjacking statute does not allow multiple carjacking charges arising from a single carjacking.  Where the accused takes one motor vehicle, the statute allows for only one carjacking conviction.  This applies even if the car was taken from more than one person.  

For example, if there were three people in the vehicle, there can only be one charge. 

The accused may believe that the accuser is not in lawful possession of the vehicle, the court will most likely not allow that evidence in at court. 

It is common for Carjacking to be charged along with an Armed Robbery charge.  

For example:  The accuser claims that he/she was threatened by the accused with a gun, then the accused stole her car, and stole his/her money.  This fact scenario would be enough to charge the accused with Carjacking and Armed Robbery.

Where identity is an issue,  identity can be shown by items found in the accused’s possession and by use of cell-phone records. 

Carjacking is a general intent crime.

PENALTY
Carjacking

A person who in the course of committing a larceny of a motor vehicle uses force or violence or who puts in fear any operator, passenger, or person in lawful possession of the motor vehicle is guilty of carjacking, a felony punishable by imprisonment for life or for any term of years.

3150 Livernois Rd. Suite 126
Troy, MI 48083
(248) 515-6583
law@nicoleblankbecker.com

We accept the following payment methods:


We serve the following counties: Macomb County, Oakland County, Wayne County, Washtenaw County, Ingham County, Lapeer County, Genesee County, Livingston County, etc.

We serve the following cities: Center Line, Eastpointe, Fraser, Grosse Pointe Shores, Memphis, Mount Clemens, New Baltimore, Richmond, Roseville, St. Clair Shores, Sterling Heights, Utica, Warren, Auburn Hills, Berkley, Birmingham, Bloomfield Hills, Clarkston, Clawson, Farmington, Farmington Hills, Fenton, Ferndale, Hazel Park, Huntington Woods, Keego Harbor, Lake Angelus, Lathrup Village, Madison Heights, Northville, Novi Oak Park, Orchard Lake Village, Pleasant Ridge, Pontiac, Rochester, Rochester Hills, Royal Oak, South Lyon, Southfield Sylvan Lake, Troy, Walled Lake, Wixom, Allen Park, Belleville, Dearborn Heights, Dearborn, Detroit, Ecorse, Flat Rock, Garden City, Gibraltar, Grosse Pointe, Grosse Pointe Farms, Grosse Pointe Park, Grosse Pointe Shores, Grosse Pointe Woods, Hamtramck, Harper Woods, Highland Park, Inkster, Lincoln Park, Livonia, Melvindale, Northville, Plymouth, River Rouge, Riverview, Rockwood, Romulus, Southgate, Taylor, Trenton, Wayne, Westland, Woodhaven and Wyandotte.


Michigan Criminal Sexual Conduct Lawyer
MI Sex Crimes Attorney
Blank Law, PC


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Back To Top