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When a person contacts a Michigan theft lawyer for their initial consultation following a carjacking case, they will typically be asked for information regarding their background, and the underlying facts and circumstances of the crime they are charged with.

In a carjacking case, the accused person should be prepared to explain to their attorney exactly where the carjacking is alleged to have occurred, where they were when they were first handpicked by the police, whether they were inside the car in question, and any statements they may have made to the police.

The initial consultation will often include an interview to discern as much about the client's background and the facts of the case as possible. Following the interview, a Michigan carjacking lawyer can help their client understand what to expect as the case moves through the criminal justice system, and explain to them what the potential consequences might be if that person is convicted.

Defining the Charge

An individual commits carjacking when they take a person's car from them when they are still in it. This often requires some degree of force or threat of violence, so carjacking charges are very serious. The severity of such a crime should only be defended using a carjacking attorney in Michigan.

When an individual is charged with the offense of carjacking, the prosecutor must first prove that the individual used violence or a threat of violence, or intentionally put in fear another person. Second, the prosecution must prove that they did so while committing larceny of the victim's motor vehicle, and that their intent was to deprive that person of their vehicle permanently.

The prosecution must also prove that the owner of the vehicle was either in the operator or passenger's seat of the car, and they were in lawful possession of it. To help defend against such an allegation, an individual should consult with a carjacking attorney in Michigan as soon as possible.

Differences Between Auto Theft and Carjacking

In Michigan, auto theft is classified as unlawfully driving away in an auto. If the alleged victim is parked in their driveway and is sleeping in their bed and someone comes and takes their car, it would not be considered carjacking.

However, if that person was getting ready to leave their home while still inside their car and someone approached with a gun and threw that person out of their car, the police would consider that carjacking. The key difference between auto theft and carjacking is that element of force. For a carjacking to occur, the alleged victim must be in or near their car, and the person who is taking their car must use violence or force to try to do it.

Further, a joyriding charge does not involve an intent to permanently deprive the alleged victim of their automobile. If a person gets into someone's car and drives it around the block or the neighborhood and then returns it, the court would consider that joyriding. In contrast, if that person has demonstrated an intent to permanently deprive the owner of the car, carjacking charges might result. Such charges can be combatted with the use of a Michigan carjacking attorney.

How Carjacking Occurs

Usually, carjacking happens when a person is stopped in their vehicle. They may be stopped at an intersection, getting gas, or have stopped at a convenience store. They may come back to find that a person has a gun or a knife, or they are using their fists and they threaten that if a person does not give them the car they are going to hurt them.

Also, a person may find themselves "boxed in" so that they can no longer move their car, after which it is taken from them by force. They throw a person out of the car or in some other way separate a person from the car before leaving the scene with it. An experienced Michigan carjacking lawyer can help an individual understand the specific elements of the charge.

Call Today! FREE Consultation Lawyer and Receive Immediate Attention for Your Criminal Law Case Patrick T. Barone is a Michigan Super Lawyer, who has maintained continuous top attorney ratings since 2007. In addition, the Michigan native is the author of multiple books on OWI, DUI and criminal law. The OUIL attorney near me has lectured at over 80 legal seminars all over America. He leads Barone Defense Firm in providing aggressive legal warriors for each client's criminal case.

Contact us 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review. The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations.

For your FREE lawyer consultation, call today to learn how to protect your yourself from a possible unwarranted conviction. What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions?

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Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.