Carjacking is treated as a serious violent crime in Indiana. That is, Indiana does not have a specific statute labeled “carjacking,” but the act typically referred to as carjacking is often charged under robbery, auto theft and/or armed robbery state statutes.
An act is generally considered to be carjacking if force, intimidation and/or the threat of violence is used to take a vehicle directly from a driver or passenger. Related charges are often elevated if a weapon is involved. In these situations, an offense is treated more seriously than simple auto theft, which usually involves taking an unattended vehicle.
Potential consequences and defense strategies
The penalties for carjacking-related offenses in Indiana depend on the circumstances of any particular case at issue. For example, robbery without a weapon may be charged as a Level 5 felony, risking potential prison time and heavy fines in the event of conviction.
By contrast, if a deadly weapon is used or serious injury results, the charge can be elevated to a Level 2 or Level 3 felony, which can mean decades in prison. Auto theft itself can range from a misdemeanor to a felony, depending on the accused’s criminal history and the facts of the case. Because carjacking usually involves direct confrontation, defendants often face enhanced charges that risk much higher penalties than standard theft.
Defending against carjacking charges requires careful examination of the facts. A defense attorney may challenge witness identification, which can often be unreliable in stressful situations. They may also examine whether the prosecution can prove intent, whether there was actually a weapon involved and whether law enforcement followed proper procedure in making an arrest. In some cases, evidence may be reduced or suppressed if constitutional rights were violated during the investigation and/or arrest process.
Because of the seriousness of these charges, anyone accused of carjacking in Indiana should work with an experienced criminal defense lawyer right away. A lawyer can explain possible defenses, negotiate with prosecutors and work to reduce or dismiss charges where possible. The goal is not just to fight the immediate criminal case but to protect the long-term future of the accused.
