Atlanta Carjacking Attorney

Carjacking, also known as hijacking a motor vehicle, is a serious crime in Georgia. If you have been accused of this offense, it is crucial to have an experienced criminal defense attorney to represent you. Contact Wallack Law in Atlanta today. We are dedicated criminal defense lawyers who will fight tirelessly for the best possible outcome in your case.

Why Choose Our Firm?

• We have vast knowledge and experience in the field of criminal defense. Managing partner Sanford A. Wallack has been practicing in the Atlanta metro area for 25 years and established our law firm 15 years ago.
• Sandy Wallack chose to be a criminal defense attorney because he is passionate about protecting our constitutional rights and fighting for individuals charged with a crime. He approaches each case utilizing all his experience, tenacity, and innovation.
• If you are facing criminal charges, we will work hard to offer you the best options available, and we are honest and frank in educating you on those options. Ultimately, you will determine which options you wish to pursue.

How Is Carjacking Defined?

Under Ga. Code Section 16-5-44.1, carjacking is referred to as hijacking a motor vehicle. This crime is charged in the first or second degree.

• First-degree hijacking a motor vehicle occurs when a person “while in possession of a firearm or weapon obtains a motor vehicle from an individual or the presence of another individual by force and violence or intimidation or attempts or conspires to do so.”
• Second-degree hijacking a motor vehicle occurs when a “person obtains a motor vehicle from an individual without his or her consent or from the immediate presence of another individual without his or her consent or attempts or conspires to do so.”

What Are the Penalties for Carjacking in Georgia?

First-Degree Carjacking Penalties

Pursuant to the statute, penalties upon conviction of hijacking a motor vehicle in the first degree include:

• Imprisonment for not less than 10 or more than 20 years
• Fine of not less than $10,000 or more than $100,000

However, conviction of a second offense of first-degree carjacking, whether the first offense occurred in Georgia or in any other state or country recognized by the U.S., carries life imprisonment and a fine of not less than $100,000 and not more than $500,000. Penalties imposed under this statute may not be deferred, suspended, or probated.

Second-Degree Carjacking Penalties

For a first conviction of second-degree hijacking a motor vehicle, the penalties are:

• Imprisonment for not less than one or more than 10 years
• Fine of not more than $5,000.

For a second conviction of second-degree carjacking, penalties increase to three to 15 years imprisonment and a fine of not more than $5,000. A third or subsequent conviction of second-degree carjacking is punished by five to 20 years in prison and a fine of up to $5,000.

Possible Defenses against Carjacking Charges

Each carjacking case is different, and defenses will depend on the particular facts of the case. Possible defenses against first-degree carjacking accusations may include:

• No weapon was used.
• You have an alibi and testimony to support a claim of innocence.
• You lacked intent to commit the crime of hijacking a motor vehicle.

Connect with Wallack Law

Carjacking is a serious offense that carries prison time and heavy fines. If you are facing charges of hijacking a motor vehicle in the first or second degree, it is in your best interests to speak with an experienced criminal defense lawyer as soon as possible. Call Wallack Law in Atlanta right away for the dedicated criminal defense you need.