Criminal Defense When Facing Carjacking Charges

Defending Your Rights Against Criminal Charges in Texas

If you have watched a crime drama unfold on TV or caught a flick that presented a compelling crime drama story, you probably have seen at least one incident of carjacking. Movie and television dramas typically treat carjacking as a unique crime that carries with it unique penalties. However, in the State of Texas, carjacking is considered under the criminal classification of robbery and hence, most carjacking convictions carry the same penalties issued for defendants that are found guilty of basic robbery charges.

If you face a carjacking charge, you need legal counsel in your corner. Highly dedicated criminal defense lawyer Adam Capetillo will conduct a thorough investigation into the robbery charges you face to determine the most effective course of legal action. Mr. Capetillo’s ultimate goal is to use a defense that will exonerate you of all criminal charges.

Overview of a Carjacking Charge

According to Texas robbery law, the crime of carjacking must either constitute a violent act or involve the threat of violence to carry out the felony crime. If a criminal steals a vehicle that no one was inside of at the time of the incident, then the crime is not considered carjacking under the Texas Penal Code. Sometimes, prosecutors will charge defendants with a federal carjacking crime, which is an option if a defendant carjacked a vehicle and took the vehicle across state lines or through an international border.

For a robbery conviction, Texas criminal law requires the prosecution team to prove the defendant intentionally, knowingly, or recklessly causes bodily injury to another; or threatens or places another in fear of imminent bodily injury or death during the course of a theft. A robbery conviction in Texas is defined as a second-degree felony that carries a penalty of between two and 20 years in jail, as well as a fine that cannot exceed $10,000.

Prosecutors will ramp up a robbery charge to an aggravated robbery charge if the crime involved the use of a deadly weapon, or the Defendant caused serious bodily injury to another. An aggravated robbery conviction can result in a prison sentence up to 99 years.

Defending a Carjacking Charge

Texas licensed criminal defense lawyer Adam Capetillo works hard to present a defense that keeps his clients out of jail and ensures his clients retain their personal and professional integrities. Let’s review a shortlist of highly effective criminal defenses for clients facing carjacking charges.

Insufficient Evidence

Any type of criminal charge must be proven beyond a reasonable doubt by the prosecution. For a carjacking charge, Adam Capetillo can plant the seed of reasonable doubt by claiming the prosecution did not present enough compelling evidence to warrant a criminal conviction for carjacking charges. Lack of evidence can include no fingerprints found at the scene of the crime, as well as the prosecution team’s inability to present the tool and/or weapon used to commit the crime.

Another way to claim insufficient evidence involves presenting an airtight alibi. Adam Capetillo will try to collect records and documents that puts you in another place at the time of the alleged carjacking. Phone records, meal and hotel receipts, and video footage of your whereabouts all represent effective alibi evidence that will significantly hurt the prosecution team’s case.

Violation of the 4th and/or 5th Amendment

Movies and television crime dramas also show arrest scenes where law enforcement personnel read the accused their Constitutional rights. “You have the right to remain silent” and “You have the right to speak with an attorney” are part of what the 5th Amendment refers to as Miranda rights. Sometimes, a police officer will not read a suspect his or her Miranda rights. In addition, we can present evidence to dismiss a carjacking charge, if the arresting officers did not follow proper search and seizure protocol.

Facing a carjacking charge can result in much more than serving time in jail and paying a hefty fine. Felony convictions make securing gainful employment almost impossible to do, as well as dramatically reduce the number of housing options. If you are looking at carjacking charges, you must act now by contacting highly rated criminal defense attorney Adam Capetillo.

Call our law firm at (346) 249-5544 or complete the online form to schedule a free initial consultation with Adam Capetillo.