CARJACKING—N.J.S.A. 2C: 15-2
Carjacking NJ
If you have been charged with violation of 2C:15-2, Carjacking NJ, if convicted, you are exposed to jail time up to 20 years, monetary fines up to $200,000.00. I have been practicing criminal law for 26 plus years and have handled many different types of criminal charges. Please contact me at (732)-337-7922 for an evaluation of your circumstances and vigorous and competent representation.
ILLUSTRATIVE EXAMPLE OF WHAT CONDUCT CONSTITUTES THE OFFENSE:
You are fleeing on foot from the police after committing a burglary when you notice an automobile idling in a parking spot next to the Walgreens drug store. You stand near the car and seconds later the vehicle owner walks out of the Walgreens and toward her vehicle. You lunge toward her brandishing a knife. You tell her to get in the car and drive you downtown so you won’t have to “spill her blood”. You open the rear door of the vehicle, jump in, and point the knife at the back of her throat as you instruct her where to drive. Terrified, she obeys you. Two blocks later a police officer signals her to stop the vehicle. A second police vehicle pulls up and you are trapped and overpowered. Busted! In addition to the burglary, have you just committed another serious crime?
THE ACTUAL LAW–CARJACKING NJ
a. “Carjacking defined. A person is guilty of carjacking if in the course of
committing an unlawful taking of a motor vehicle, as defined in R.S.39:1-1, or in an attempt to commit an unlawful taking of a motor vehicle he
(1) inflicts bodily injury or uses force upon an occupant or person in possession or
control of a motor vehicle;
(2) 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;
(3) commits or threatens immediately to commit any crime of the first or second
degree;
(4) 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.
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.A. 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 5 years during which the defendant shall be ineligible
for parole.”
The answer to the question is YES. You have violated section a. (4) of the carjacking nj statute which constitutes the commission of a 1st degree crime. State v. Biddle, A-1656-08T4 (App. Div. 2011). If convicted, your exposure for jail time is a minimum of ten (10) years and a maximum of twenty (30) years, except that if convicted you would be required to serve a minimum of five (5) years actual jail time before eligible for parole.
If you (or a loved one) have been charged with carjacking, you need to know that this is a very serious charge and that prosecutors will be working hard to convict and incarcerate you for at least the next decade. You need to retain a skilled and experienced attorney immediately. Please call for help at 732-337-7922.
