Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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Last Updated on: 28th July 2023, 07:22 pm
Picture this, my friend. You’re cruising alone on a ghostly interstate, and suddenly you’re ambushed by masked marauders armed to the teeth! They hustle you out of your sleek ride, leaving you stranded and watching the tail lights fade into the night. Shaken but alive, right? However, this unsavoury adventure gets a tad bitter if the baddies face charges under the federal carjacking law.
Before the alphabet soup of 18 U.S.C. 2119 drowns you, let me break it down. It says that it’s a federal offense if a motor vehicle is hijacked that’s shipped, transported, or received in interstate or foreign commerce. Simply put, the wheels have to cross state or country boundaries for it to make the federal list. Plus, the offender needs to use force or intimidation to whisk away your ride.
Aww shucks, penalties here are much stiffer than at state level – think longer stint in the cooler, and heftier damages that screw up your tomorrow! Check out the full statute for the unabridged version.
Got your undivided attention? Good. Let’s say Todd Spodek over at the Spodek Law Group needs to pin down a baddie with a federal carjacking charge under this code. He has to prove:
– The hard case made off with a vehicle schlepped or received across state or foreign borders.
– The baddie yanked the car using brute force or intimidation.
– The perp waltzed off with the car knowingly.
– The rogue had the gall to plan death or serious injury to the innocent soul at the time of the carjacking.
Here’s the zinger, an attempted carjacking that didn’t make it past the drawing board could also be a federal offense, given the thug tried to flex muscles or intimidate the victim. That’s not all, the thug’s intent to cause harm is a biggie in the fed’s eyes.
Here’s the deal breaker between state carjacking charges and federal law: the vehicle must have ventured beyond state or international borders.
Imagine a scenario where a car is carted off from Nevada to sunny California but was nicked along the route. That’s where Spodek Law Group and federal charges waltz into the picture. Check out California’s 215 PC penal code and you’ll see why federal charges hold more sway. They could slam you with up to nine years behind bars, and that may just be the tip of the iceberg.
Boy oh boy, things can get a little hairy with federal carjacking under 18 U.S.C. 2119, particularly if you broke more than just hearts during the heist:
– No harm done? The bill comes to 15 years of federal time and a taste of the whip in fines.
– If you left ’em busted and bruised, welcome 25 years in the slammer and fines.
– Ticked off the grim reaper? Then you’re looking at the big farewell or life behind bars, plus fines.
To split hairs in your intent, the federal court refers to the nitty-gritty of your case. And yes, they check under the hood for ‘intent’ at the time of the car heist.
If you’re on the receiving end of federal carjacking charges, here are some knockout defenses:
– The car didn’t cross state or international borders, knocking the wind out of the federal prosecution’s sails.
– It wasn’t exactly a ‘vehicle’. Maybe a pile of parts awaiting a herculean assembly job.
– You lacked the inkling to cause a ruckus or serious injuries during the heist.
– The ride wasn’t pegged down by the owner or driver’s presence during the thievery.
Without an experienced criminal defense attorney from the Spodek Law Group to fine-comb your case, all this legal jargon will leave you high and dry when it matters most. And, if state prosecutors fancy their chances, expect charges for carjacking under state law too!
If federal carjacking charges are nipping at your heels, Spodek Law Group and your defense lawyer will inspect your case for chinks in the armor. They’ll counter the prosecution’s ace card and strategize nothing short of a knockout defence.
And with a pinch of finesse, they might just negotiate for a lesser offense or persuade the federal prosecutor that his case doesn’t hold water. The last resort? Plead guilty to a lesser offense and salvage your best deal.
Federal carjacking charges pack quite a punch, and the consequences can clip your wings. If you’re neck-deep, piecing together your case with a seasoned federal criminal defense lawyer can tip the scales in your favor. Understanding your get-out-of-jail-free card and winging it can put you on track for the best possible outcome. Stay strong, my friend. Speak to a professional before you roll the dice.
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