William G. Yarborough

Carjacking – when auto theft turns violent

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In South Carolina, stealing another person’s car is a larceny offense. The penalties for such a crime depend on the stolen vehicle’s price, with the lightest sentence possible being 30 days in jail and a $1,000 fine for a vehicle worth $2,000 or less.

However, a violator could face even harsher penalties if they had instead committed the offense of carjacking. Carjacking is a serious offense in South Carolina, more than regular auto theft. Decades of prison time await those convicted.

Carjacking is a felony

According to state rules, a person commits the offense of carjacking if they take, or attempt to take, a motor vehicle from another person who’s still inside the automobile, either through force or intimidation.

Carjacking is different from regular auto theft in that there’s an element of violence involved. Compared to ordinary auto theft, carjacking occurs within the immediate presence of the vehicle’s owner – whose life may have been threatened by the offender.

Penalties for carjacking

If a court convicts a person of carjacking, they face imprisonment for up to 20 years. However, if the person causes great bodily injury to another person during the offense, a conviction instead leads to up to 30 years of imprisonment.

The convicted person may also face penalties for a conviction for using a vehicle without permission if they used the stolen car to drive away from the scene of the offense. The offense is a misdemeanor, carrying up to three years of prison time.

Those facing carjacking charges shouldn’t assume they’ll face the same penalties as those convicted of ordinary auto theft. That element of violence is more than enough to push the offense into felony territory and causing great bodily injury only adds to the punishments on conviction. They’ll want to speak with a legal professional before their hearing to learn how they should proceed with their case.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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