Carjacking

Carjacking is the assault, confinement or putting another person in fear for the purpose of stealing a motor vehicle, whether or not he succeeds or fails in the stealing of the vehicle.

Massachusetts General Laws Chapter 265, Section 21A provides punishment for the crime of Carjacking with imprisonment to the House of Corrections for up to 2.5 years, or to state prison for up to 15 years. The statute does, however, provides for additional penalties depending on the circumstances, including:
  • If the person is armed with a dangerous weapon, then imprisonment to the House of Corrections for not less than 1 year nor more than 2 years; or to state prison for up to 20 years;
  • If the person is armed with a firearm, shotgun, rifle, etc., then imprisonment for not less than 5 years.
In order the prove the crime of Carjacking, the prosecutor must prove, beyond a reasonable doubt:
  1. That the defendant intended to steal a motor vehicle; and
  2. That the defendant assaulted, confined, maimed or put the alleged victim in fear for the purpose of stealing the motor vehicle.
In Massachusetts, the crime of Carjacking does not require the prosecutor to prove that the defendant succeeded in stealing the motor vehicle. What is only required is that the defendant is proven to have attempted to steal the motor vehicle, even though he might have failed.

Boston Criminal Lawyer Lefteris K. Travayiakis has experience in defending persons charged with the crime of Carjacking, as well as other Crimes of Violence, and is available 24/7 to discuss your criminal case.

To schedule a Free Consultation, Contact Us Online or call 617-325-9500.


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