Criminal Defense Lawyers

Federal Carjacking Charges Defense Lawyers

Last Updated on: 15th November 2025, 08:18 pm

At Spodek Law Group, we’ve defended federal carjacking cases under 18 USC 2119 for over 40 years as a second generation criminal defense law firm based out of NYC. Led by Todd Spodek, who handled high profile federal cases including Anna Delvey — featured on Netflix — and represented the juror in the Ghislaine Maxwell mistrial scandal, we understand exactly what you’re facing when federal agents arrest you for carjacking.

Our founding partner Todd Spodek is one of the premier, and top rated, criminal defense lawyers in the country. Todd has been in the media, on TV, and quoted, in many major articles.

This article breaks down the 48-hour detention hearing which determines if you’re held until trial, how DOJ task forces select which cases get prosecuted federally, cooperation timing deadlines which close in 30 to 45 days, and sentencing guideline calculations that determine your actual prison time — not just the statutory maximums prosecutors cite. You’ll learn the tactical timeline, and decision frameworks which determine your outcome. Irrespective of how scared you are right now.

What Happens in the Next 48 Hours (The Detention Hearing Nobody Tells You About)

Federal agents arrested you for carjacking. You got arraigned. Now there’s a detention hearing scheduled within 48 to 72 hours. Nobody’s explaining what this actually means for your life.

Here’s the reality — this hearing is more important than your trial. Way more important. If you lose this detention hearing, you’re sitting in federal custody for the next 8 to 14 months while your case crawls through the system. And you’re negotiating your plea deal from inside a cell instead of from home.

The Bail Reform Act creates a presumption of detention for violent felonies like federal carjacking under 18 USC 2119. That means the magistrate judge starts from the position that you should be detained, and your attorney has to overcome that presumption by showing you’re not a danger, and you’re not a flight risk. Statistics show 73% of federal carjacking defendants are detained pretrial. And defendants who are held pretrial? They get sentences which are 4 to 7 years longer than defendants who were released — because when you’re negotiating from inside federal detention, prosecutors know you’re desperate in order to get out. They use that leverage.

Your attorney needs to prepare a detention memo within 24 hours explaining why you should be released. They need to line up third-party custodians — family members which will supervise you. They need to present a release plan to the magistrate. Many defendants don’t realize they have less than 48 hours to put this together. By the time they hire an attorney, it’s too late.

Unlike other law firms which focus on trial strategy, we focus on winning the detention hearing first — because if you lose that, the trial strategy doesn’t matter. You’ve already lost.

How Your State Case Became Federal (DOJ Task Force Weekly Meetings)

You’re confused why the FBI is involved instead of local police. Here’s why.

In 2024, the Department of Justice launched 11 new Carjacking Task Forces across the United States — adding to the task forces they created in 2022 in Chicago, D.C., Philadelphia, and Tampa. These task forces hold weekly coordination meetings where the U.S. Attorney’s Office, FBI, ATF, as well as local police review recent arrests and decide if cases get prosecuted federally. They’re looking at weapon type. Your criminal history. Injury severity. Whether it fits their enforcement priorities.

What used to be a state case with 5 to 10 years max is now federal with 15 to 25 years mandatory minimum. You have a 7 to 14 day window after your state arrest before the task force meeting where they make the federal adoption decision. During this window, an experienced federal attorney can potentially influence the decision by presenting mitigating factors to speak to the Assistant U.S. Attorney before they file federal charges.

Most defendants don’t even know this window exists. By the time they realize their state case went federal, it’s too late to intervene.

What the Government Must Prove (And Where They Fail)

Federal prosecutors must prove three elements for 18 USC 2119 carjacking:

• You took a motor vehicle from another person by force, violence, or intimidation
• With the intent to cause death or serious bodily harm
• The vehicle was transported in interstate or foreign commerce

Let’s talk about where these elements fail.

Intent to Cause Death or Serious Bodily Harm

Courts interpret this as unconditional intent. If you said “get out or I’ll shoot,” that’s conditional intent which doesn’t satisfy the statute. The threat was contingent on the victim’s response. Many federal carjacking cases fall apart on this element due to defendants gave the victim a choice, and conditional threats don’t meet the unconditional intent requirement.

Interstate Commerce

Defendants think this means they drove the vehicle across state lines. Wrong.

Federal law interprets this as: if the vehicle or any component part was manufactured in a different state than where the carjacking occurred, it satisfies interstate commerce. Since virtually all vehicles have parts manufactured in multiple states, prosecutors easily meet this element. Don’t waste resources arguing the vehicle never left your state. Focus on the intent element instead.

Your Actual Prison Time (Sentencing Guidelines, Not Statutory Maximums)

Prosecutors cite 15 years, 25 years, life in prison. Those are statutory maximums. Here’s your actual time.

Base offense level for carjacking is 20 which calculates to 33 to 41 months at criminal history category I. But specific offense characteristics add levels:

• Gun brandished? Add 5 levels.
• Gun discharged? Add 7 levels.
• Serious bodily injury? Add 4 levels.

A carjacking with a brandished gun, and minor injury calculates to offense level 29 — that’s 87 to 108 months (7 to 9 years), not 25 years. With criminal history points, it goes higher.

Challenge weapon facts. If the government can’t prove you had an actual gun versus something which looked like a gun, you avoid the +5 enhancement. Challenge injury classifications — “serious bodily injury” has a specific definition which cuts and bruises don’t meet. Your attorney should be calculating your guideline range immediately. Not citing statutory maximums.

The 30-Day Cooperation Window (Closes at Indictment)

If cooperation is your strategy, you have 30 to 45 days to make the decision — not months. Not after trial starts.

Federal prosecutors consider cooperation valuable if you provide substantial assistance before the grand jury indicts. Once they indict, your cooperation value drops drastically because they already have their case built. The AUSA wants information which helps them indict other defendants, not just you admitting your own conduct.

You need to request a proffer session with the prosecutor. Assess what information you have that’s valuable. And negotiate cooperation terms before indictment. Waiting means you get minimal credit.

Many defendants wait too long, thinking they’ll cooperate later if trial goes badly. By then, cooperation has no value. The window closes fast.

Don’t Plead Guilty in State Court (Federal Prosecution Comes Anyway)

Critical warning. If you’re negotiating a state plea deal for carjacking, don’t plead guilty thinking it resolves everything.

Dual sovereignty doctrine means state, and federal governments are separate sovereigns — a state conviction doesn’t prevent federal prosecution for the same conduct. Double jeopardy doesn’t apply. Federal prosecutors routinely review state carjacking convictions and file federal charges if the case meets task force priorities.

You could serve 3 years in state prison. Get released. And then get arrested by federal agents for 18 USC 2119 charges for the exact same carjacking.

Before accepting any state plea offer, consult a federal attorney to assess federal prosecution risk. Negotiate both jurisdictions simultaneously or you’ll get prosecuted twice for the same crime.

What You Need to Do Right Now

Hire a federal defense attorney within 24 hours. Not a state attorney. Not a general criminal lawyer. A federal defense attorney who has defended carjacking cases in U.S. District Court, and understands DOJ task force prosecution strategies.

Don’t talk to FBI or ATF agents without counsel present. Gather third party custodian contacts for your detention hearing. Preserve all documents — state charges, police reports, witness statements. If cooperation is an option, assess it before the 30 day deadline.

Every day without an attorney means prosecutors are building their case while you’re doing nothing.

Your next move:

Talk to someone who’s defended federal carjacking prosecutions, and understands the 48-hour detention hearing, the task force selection process, as well as the cooperation timing deadlines. Spodek Law Group is available 24/7 to help you. Unlike other law firms focused on state cases, we handle federal prosecutions nationwide — and we’ve successfully handled hundreds of cases irrespective of the jurisdiction.