Carjacking Crimes in Tennessee
In designating carjacking as a more serious crime than theft and robbery in Tennessee, the General Assembly recognized that carjacking is usually committed by someone who tries to flee from the scene of another crime and that such action creates a substantial risk of harm to the public. Consequently, carjacking is a Class B felony, which carries a prison sentence between 8 and thirty years and a fine not to exceed $25,000.
Under Tennessee’s criminal code, carjacking is “the intentional or knowing taking of a motor vehicle from the possession of another by use of either,
- A deadly weapon, or
- Force or intimidation.”
A deadly weapon typically means a firearm but can also include any object that is designed, made or adapted for the purpose of inflicting death or serious bodily injury, such as a club, knife or an automobile.
Deadly weapons seem serious enough, but defendants can also be on the hook simply for sneaking up on someone, pushing her out of the way, and taking her vehicle. This conduct falls under the rubric of force and intimidation. All that is required is that the victim be placed in fear.
When charged with carjacking, a knowledgeable Tennessee criminal defense attorney knows to ask the court to charge “unauthorized use of an automobile” as a lesser included offense. In criminal trials, a lesser included offense is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. When requested, a court may give jurors the option of finding the defendant guilty of the less serious offense. Unauthorized use of an automobile (“joyriding”) is a Class A misdemeanor, which carries a significantly shorter jail term and lower fines.
Our attorneys serving the East Tennessee region know what it takes to provide you with a powerful defense to carjacking charges and will work diligently to help you reach the best possible outcome. If you have been charged with carjacking, call the property crimes attorneys at Baker Associates to schedule your free case evaluation.
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