Understanding the Severity of a Florida Carjacking Charge
If you're reading this, it likely means you or someone you care about is facing a carjacking charge in Florida. These cases are extremely serious, often prosecuted as first-degree felonies, and the penalties can include long-term prison sentences—even for first-time offenders. As a Florida Carjacking Defense Attorney, I want to explain how Florida law treats this charge, what prison time you could be facing, and why hiring a private attorney can make all the difference in the outcome of your case.
Carjacking is defined under Florida Statutes §812.133. The law states:
"'Carjacking' means the taking of a motor vehicle which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the motor vehicle, when in the course of the taking there is the use of force, violence, assault, or putting in fear."
That legal definition leaves little room for misunderstanding. If the state believes you forcibly took someone's vehicle—or used threats or intimidation to do so—you can be charged with a first-degree felony. If a weapon or firearm was involved, mandatory minimum sentencing laws come into play.
Florida Carjacking Charges and Their Penalties
A carjacking conviction in Florida brings the potential for severe consequences, as outlined in §812.133(2):
- If the carjacking did not involve a weapon, it is still a first-degree felony, punishable by up to 30 years in prison and a $10,000 fine.
- If a firearm or deadly weapon was used, the offense remains a first-degree felony but carries a mandatory minimum sentence of 10 years under the 10-20-Life statute, with the possibility of up to life in prison.
Florida's sentencing is driven by the Criminal Punishment Code. Carjacking is a Level 9 offense on the Florida felony sentencing chart. This means a conviction will likely lead to a substantial prison term, especially if the accused has any prior convictions or if aggravating factors are present, such as injury to the victim.
How Prosecutors Build Carjacking Cases in Florida
The state typically relies on victim testimony, physical evidence, surveillance footage, and sometimes confessions or witness statements to support these charges. Carjacking differs from auto theft because it involves direct confrontation with the victim. That means these cases often hinge on split-second interactions—what was said, how someone moved, whether a threat was real or perceived.
This also means there's room to question what actually happened. Did the alleged victim willingly hand over the keys? Was there mistaken identity? Was the vehicle yours to begin with or shared property in a domestic relationship?
These are the types of factual angles I examine when building a defense.
Why You Need a Florida Carjacking Defense Attorney
If you've been arrested for carjacking, the state will treat you as a dangerous felon from the start. Law enforcement and prosecutors often presume guilt. That's why you need someone who will step in immediately to protect your rights, challenge weak evidence, and prevent you from being steamrolled by the system.
As a Florida Carjacking Defense Attorney, I get personally involved in every stage of your case. I don't hand your file off to a junior staffer. I review all discovery, request suppression hearings when necessary, challenge lineups and identifications, and help you make strategic decisions, whether it's taking a case to trial or negotiating for a reduced charge like grand theft or unauthorized use of a vehicle.
Real Case Example: Carjacking Charge Reduced to Misdemeanor Trespass
A recent case involved a young client accused of carjacking outside a gas station in Hillsborough County. The alleged victim claimed my client forced them out of the car and fled in the vehicle. But the facts told a different story.
Through body-cam footage and phone records, we established that my client had been in a verbal argument with the vehicle's owner, who had allowed him to drive the car earlier that day. It wasn't a random stranger situation—it was a messy relationship fallout.
After challenging the probable cause affidavit and pointing out key credibility issues in the victim's statements, I convinced the State Attorney's Office to drop the carjacking charge and file a reduced charge of misdemeanor trespass to a conveyance. The client served no jail time and avoided a felony record entirely.
This kind of outcome doesn't happen without a private defense lawyer who's willing to dig through the details.
Potential Defenses to Florida Carjacking Charges
There are several possible defenses, depending on the specific facts of the case:
Consent or Prior Use of Vehicle
If you had prior permission to drive the vehicle, even earlier that day, that could undermine the claim that the car was taken by force or fear.
False Accusation or Motive to Lie
In domestic disputes or situations involving acquaintances, people may lie out of anger or revenge. I work to uncover texts, call logs, or witness statements that expose false narratives.
Lack of Force, Fear, or Violence
If no actual force or fear was used—just a misunderstanding—then the state may not be able to prove carjacking. Lesser charges may be more appropriate, such as temporary unauthorized use.
Insufficient Evidence or Misidentification
If there is no clear surveillance, and the identification came from a suggestive or flawed lineup, we can push for dismissal or suppression of that evidence.
Stand Your Ground or Self-Defense
In rare but important cases, you may have acted in self-defense or under duress, especially if a weapon was involved on the other side.
What If a Weapon Was Involved?
Under Florida's 10-20-Life sentencing law (§775.087), carjacking with a firearm carries mandatory time:
- 10 years for possessing a firearm during the offense
- 20 years for discharging the firearm
- 25 years to life if someone was injured or killed
The prosecution must prove not only that a firearm was involved, but that it was used in a way that triggers the mandatory minimums. There are often opportunities to challenge whether a weapon was real, whether it was used, or whether it was even connected to the accused at all.
How a Private Lawyer Can Influence the Outcome
Unlike public defenders who are buried in cases, I have the time and resources to conduct independent investigations, retain private investigators if needed, consult with forensic analysts, and prepare aggressive motions.
More importantly, I have working relationships with prosecutors across the state and know when to push for a resolution and when to fight in front of a jury.
Private representation is often the difference between walking away with probation or facing decades in prison.
The Collateral Consequences of a Carjacking Conviction
Even beyond prison time, a carjacking conviction can ruin your life. It can:
- Permanently strip you of your civil rights
- Disqualify you from most jobs, licenses, and housing
- Lead to immigration consequences if you're not a U.S. citizen
- Disqualify you from sealing or expungement
- Make you ineligible for certain types of supervised release
This is why getting experienced representation is absolutely necessary from the beginning.
Florida Carjacking Defense FAQs
What's the difference between carjacking and grand theft auto in Florida?
Grand theft auto under §812.014 involves the unlawful taking of a vehicle, but without direct confrontation with the victim. Carjacking requires force, fear, or violence during the taking. The penalties for carjacking are significantly more severe because of the violent element involved.
Can I be charged with carjacking if I didn't use a weapon?
Yes. Even without a weapon, if the prosecution claims you used physical force or threats of violence to take the vehicle, you can be charged with carjacking as a first-degree felony. While penalties may be lower without a firearm, the charge is still extremely serious and can lead to decades in prison.
What if the car belonged to a family member or ex-partner?
Disputes involving shared vehicles often lead to false accusations. If there's a history of shared use, text messages, or prior permission, that can be used to dispute the charge. I've handled multiple cases where carjacking was reduced or dropped because the relationship showed the vehicle wasn't truly "taken" by force or fear.
Is carjacking considered a violent felony under Florida law?
Yes. Carjacking is considered a violent felony. If you are convicted, you may face classification as a violent felony offender, which can impact sentencing enhancements, parole eligibility, and more. It also disqualifies you from sealing or expungement and from many jobs and housing options.
Can carjacking charges be reduced or dismissed?
Yes, especially if the evidence is weak or inconsistent. Sometimes prosecutors overcharge a case based on initial police reports. If we can show there was no force, or that the vehicle was not taken unlawfully, we can push for dismissal or a reduced charge like unauthorized use or misdemeanor trespass. Each case depends on the specific facts and your criminal history.
What is the sentencing score for carjacking in Florida?
Under Florida's Criminal Punishment Code, carjacking without a weapon is a Level 9 offense. This scores a minimum of 48 points, which can trigger a minimum state prison sentence unless a downward departure is granted. With a weapon or firearm, it becomes a Level 10 or higher, especially if the 10-20-Life statute applies.
Does a carjacking conviction carry mandatory prison time?
Often, yes. Especially when a weapon or firearm is involved, the court may be required to impose a mandatory minimum sentence under §775.087. Even in cases without a weapon, the severity of the offense usually results in prison unless your lawyer can secure a downward departure or diversion program.
Will a carjacking charge show up on my record if I'm not convicted?
Yes, the arrest and charge will appear on your criminal record even if the case is later dismissed or you're acquitted. That's why we work not only to beat the case but also to have the record sealed or expunged where possible. Florida law allows for expungement of certain dismissed charges, but carjacking is not eligible if there's a conviction.
Call Our Florida Carjacking Defense Attorney
If you've been arrested or charged with carjacking in Florida, your freedom and your future are on the line. Don't wait until it's too late. I've handled serious felony cases like yours across the state and know how to build strong defenses that prosecutors must answer to in court.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida.