The Difference Between Armed Carjacking and “Normal” Carjacking

In Florida, there is a clear difference between carjacking and armed carjacking. While both crimes are serious offenses in the Sunshine State, courts heighten penalties whenever firearms or deadly weapons are involved. If you face carjacking charges in Fort Myers, you should know that the consequences may be much higher if prosecutors can prove you used a weapon. What exactly is the difference between armed carjacking and “normal” carjacking in Florida?

Weapon Enhancements for Carjacking in Florida 

If you are charged with the offense of carjacking in Florida, you face more serious penalties if you were armed while carrying out the alleged crime. This falls under the general category of Florida’s “10/20/Life” system. Under this system, a defendant could potentially face numerous decades in prison for armed carjacking – especially if someone was harmed by the deadly weapon in question.

In truth, many carjacking offenses are enhanced in this manner. This is because carrying out a carjacking unarmed is an extremely risky endeavor in Florida, a state where many drivers are armed with their own weapons. While you might call unarmed carjacking the “normal” version of this crime, one could argue that armed carjacking is actually the “default” version.

How Many Years Will I Get for Armed Carjacking in Florida? 

Each case is slightly different, and no amount of reading can provide you with the same targeted legal guidance as an experienced criminal defense lawyer. That being said, you can get an idea of the average sentences by examining recent cases. In July of 2024, it was reported that a man from Fort Myers had been sentenced to 12 years in prison for armed carjacking.

In this specific case, the firearm in question was never discharged. Instead, the defendant simply brandished a firearm and demanded someone’s car keys and valuables. After the victim complied, the defendant fled in their vehicle. The defendant also pleaded guilty – another factor that may have made the court more lenient in their sentencing.

How Many Years Will I Get for Unarmed Carjacking in Florida? 

One would assume that those who plead guilty to unarmed carjacking would receive more lenient sentences compared to the aforementioned Fort Myers man. However, the sentence would still depend on the circumstances of the incident. If an alleged carjacker punches someone in the head and causes a life-altering brain injury, they might receive a higher sentence compared to someone who simply brandishes a firearm without using it. That being said, the lack of a weapon may make it easier to argue that the carjacking never took place – or that no force was used.

Find an Experienced Carjacking Defense Lawyer in Florida 

If you’ve been searching for a criminal defense lawyer in Fort Myers, look no further than The Foley & Wilson Law Firm. With our help, you can strive for positive outcomes while avoiding excessive penalties. We know that the road to justice may seem unclear after being charged with carjacking. Your next steps may be clearer after a consultation with us. Reach out to assess the most appropriate defense strategy.

Sources: 

nbcwashington.com/news/local/prosecutors-drop-murder-kidnapping-charges-in-dc-carjacking-case/3636354/

news-press.com/story/news/crime/2024/07/23/armed-carjacking-lands-north-fort-myers-man-in-federal-prison/74512299007/