How Serious is a Carjacking Charge in Illinois?

 Posted on November 21,2024 in Felonies & Misdemeanors

Carjacking is a violent crime that comes with serious penalties on a conviction. With multiple sources reporting that carjackings are on the rise, you may be curious to know how the state of Illinois litigates these crimes.

If you have been accused of carjacking or another violent crime in Arlington Heights, a skilled criminal defense lawyer can provide counsel and represent you in court, making a compelling case to have the charges against you reduced or dropped. The attorney at Scott F. Anderson, Attorney at Law has over two decades of experience in criminal law, and he knows what defendants are up against in court.

Carjacking and Vehicle Theft

The difference between vehicle theft and carjacking is force, whether threatening to hurt someone or actually following through. Theft of a motor vehicle is covered under Illinois’s general theft statute and is prosecuted based on the monetary value of the vehicle. The charges for vehicle theft could escalate if the victim was deceived.

Carjacking is treated more harshly than vehicle theft due to the violent nature of the crime. The statute for vehicular hijacking does not specifically mention guns or a weapon, only "threatening the imminent use of force." Furthermore, the victim must have been immediately present at the scene for the act to qualify as a carjacking.

Penalties for Carjacking in Illinois

Carjacking is strictly prosecuted in Illinois, with the possibility of a permanent criminal record, years in prison, and thousands of dollars in fines. To be specific, carjacking is considered a Class 1 felony, one of the most severe charges you can face. On a conviction, a Class 1 felony carries anywhere from four to 15 years in prison, with a fine of up to $25,000. This kind of conviction can have a debilitating impact on your life, so you should seek out a criminal defense attorney if you face charges of vehicular hijacking.

Aggravated Carjacking

There are certain circumstances that can worsen the sentencing of a carjacking charge. Depending on how you allegedly carried out the carjacking, the charges could be bumped up to a Class X felony, with a mandatory sentence of six to 30 years in prison. These circumstances, known as aggravating factors, include the following:

• The victim was over 60 or physically disabled.

• A passenger 16 years old or younger was present.

• The crime was committed with a dangerous weapon on your person.

• The crime was committed with a gun on your person.

• You fired a gun while carrying out the crime.

• Someone was seriously wounded, disfigured, or became disabled as a result of you firing a gun.

A violation of any of these counts can add years to your prison sentence, possibly resulting in a life sentence. A criminal defense attorney can negotiate with the prosecution to have these charges possibly reduced to a lesser felony.

Speak with a Criminal Defense Attorney in Arlington Heights, IL

An impulsive act of violence has the potential to devastate your life overnight. The skilled Rolling Meadows, IL criminal defense attorney at Scott F. Anderson, Attorney at Law is prepared to give your case his fullest attention, and as a former prosecutor, he has a better insight into the courts than most. Call 847-253-3400 today to schedule a free consultation.