Morris County Carjacking Defense Lawyer
Criminal Defense Attorney with Offices in Morristown, New Jersey
Carjacking is one of the most serious criminal offenses in New Jersey. Being charged with carjacking means exposure to a lengthy term of incarceration and number of other collateral consequences. You need serious, aggressive legal representation at every stage of the process.
The Tormey Law Firm represents clients throughout New Jersey that have been charged with criminal offenses, including carjacking, robbery, and aggravated assault in Rockaway, Roxbury, Denville, Parsippany, Madison, and Morristown. Our founding partner, Travis J. Tormey, is an experienced criminal defense attorney who has been representing clients for years throughout New Jersey. In fact, Mr. Tormey was named a top 10 criminal lawyer in the State of NJ by the American Jurist Institute and has a perfect 10.0 rating on Avvo.com, an attorney rating service. Further, Christopher Perry was named a SuperLawyer Rising Star in 2018 in the area of criminal defense. The experienced, knowledgeable criminal defense team at the Tormey Law Firm is ready to attack the State’s case and fight for the best possible result. Contact our offices anytime at (908) 336-5008 for a consultation, which is always provided free of charge.
Carjacking in New Jersey: N.J.S.A. 2C:15-2
Carjacking is codified under N.J.S.A. 2C:15-2, which provides:
- A person is guilty of carjacking if in the course of committing an unlawful taking of a motor vehicle or in an attempt to commit an unlawful taking or a motor vehicle he:
- Inflicts bodily injury or uses force upon an occupant or person in possession or control of a motor vehicle;
- Threatens an occupant or person in control with, or purposely or knowingly puts an occupant or person in control of the motor vehicle in fear of, immediate bodily injury;
- Commits or threatens immediately to commit any crime of the first or second degree; or
- Operates or causes said vehicle to be operated with the person who was in possession or control or was an occupant of the motor vehicle at the time of the taking remaining in the vehicle.
An act shall be deemed to be “in the course of committing an unlawful taking of a motor vehicle” if it occurs during an attempt to commit the unlawful taking of a motor vehicle or during an immediate flight after the attempt or commission.
Penalties for Carjacking in New Jersey
b. Grading. Carjacking is a crime of the first degree and upon conviction thereof a person may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 10 and 30 years. A person convicted of carjacking shall be sentenced to a term of imprisonment and that term of imprisonment shall include the imposition of a minimum term of at least five years during which the defendant shall be ineligible for parole.
Carjacking is a crime of the first degree and, upon conviction, a person can be sentenced to a term of imprisonment between 10 and 30 years in NJ State Prison. (NOTE: The statute extends the term of imprisonment beyond the standard range for a crime of the first degree.)
No Early Release Act (“NERA”)
Carjacking is also an enumerated crime under the No Early Release Act (“NERA”). In accordance with N.J.S.A. 2C:43-7.2, a court must impose a minimum period of parole ineligibility of 85% of the sentence imposed. In the past, this designation was reserved for violent crimes. However, now the statute enumerates the crimes which are subject to this statute, and carjacking is one of them.
Contact a Local Dover Carjacking Defense Lawyer Today
If you or your loved one has been charged with Carjacking, it is critical that you speak to an attorney who knows the law and knows how to use it to your advantage. The experienced and aggressive criminal law attorneys at the Tormey Law Firm use a number of strategies to defend your legal rights. In many cases, we are able negotiate reduced charges and penalties, or even get a case dismissed. Contact the Tormey Law Firm today and speak to an experienced criminal defense attorney for a FREE consultation. Call our offices anytime at (908) 336-5008.