Carjacking Defense Attorneys
If you or a loved one has been arrested for carjacking, you need an aggressive and knowledgeable attorney on your side. Our firm, the Law Offices of Jonathan F. Marshall, can provide you with the protection and guidance necessary to get the best result possible. Our lawyers possess over 60 years of experience successfully handling difficult cases and include two former prosecutors. We represent individuals charged with carjacking anywhere in NJ including Middlesex County, Union County, Essex County, Ocean County, Hudson County, Monmouth County, Mercer County and Morris County. A lawyer from our team is available to assist you immediately at 1-877-450-8301.
New Jersey Carjacking Law
The carjacking law is set forth at N.J.S.A. 2C:15-2 and generally requires that the prosecutor establish two (2) elements. First, the state must demonstrate that a motor vehicle was taken without consent and with the intention of depriving the true owner of the vehicle. Second, there must be a showing of one of the following: (i) infliction or use of bodily force to obtain control of the vehicle; (ii) threats (e.g. express or implied such as where a gun is exhibited) or knowingly placing an occupant in imminent fear of bodily injury; (iii) the accused committed a first or second-degree crime during the course of obtaining control of the vehicle (e.g. committed an aggravated assault on a rescuer); or (iv) the defendant took the car while occupants remain in the vehicle. It is important to note that in accordance with State v. Matarama grabbing someone’s keys or attempting to pull off a carjacking will suffice under N.J.S.A. 2C:15-2.
Grading of the Offense of Carjacking
Carjacking is a first-degree charge that subjects an individual to a possible jail term of between 10 and 30 years in prison. Additionally, the No Early Release Act (“NERA”) applies and therefore an individual must serve 85% of any sentence imposed under section 2C:15-2 before they are eligible for parole.
Obtaining Bail Following a Carjacking Arrest
Since carjacking is a first-degree crime in New Jersey, the bail requirements and restrictions are somewhat stringent. Although the recommended bail range is between $100,000 and $250,000, it is common for the initial bail set in a carjacking case to be higher. A ten (10) percent rider is also prohibited. A properly presented bail motion has proven to be a great weapon for our lawyers in reducing excessive bails and bail restrictions on carjacking charges that are often initially set. The recommended bail range under the NJ Bail Guide is $100,000 to $250,000, and there is no provision for a 10% posting.
Prosecutors have a tendency to take extreme positions in carjacking cases so it is especially important that you have the right lawyers defending you. We possess one of the more highly experienced criminal defense staffs in the state and, almost as important, attorneys with the intangibles necessary to negotiate or try a case to an optimum outcome. An attorney is a telephone call away to discuss your Union County, Hudson County, Essex County, Monmouth County, Ocean County, Mercer County, Middlesex County or Morris County, carjacking charge.