Building a Maryland Carjacking Defense

When building a Maryland carjacking defense, a skilled attorney may have several defense strategies they can use depending on the situation. One of the main elements an attorney may look at is the use of force. The element of force or threat of force is key and can have a significant impact on the eventual outcome, and therefore, most defense strategies attack this element.

If there is no documentation, no video of the incident, no witnesses other than ones unfavorable to the defendant, the lawyer may test the credibility of these witnesses using a variety of techniques. A legal representative can look for inconsistencies between statements given at trial and statements previously given, or a lawyer could determine if the witnesses have a motive to fabricate the charge. A tenacious carjacking attorney also may find something in the witness’ past criminal history that can damage their credibility.

The facts in the case also may give rise to a defense theory that the person charged owned the vehicle, and maybe they used force to get it back. They can still be charged with assault if they used force, but the 15-year felony carjacking charge could not be supported. If the case is a domestic situation, where there is joint ownership or a dispute over ownership, the person may not be charged with theft of a vehicle they may own. Generally, the defense attorney finds which elements of the government’s case are weakest and focus on excluding them or trying to create doubt to get an acquittal.

Proving a Carjacking Charge

For a person to be convicted of a carjacking charge, the prosecutor must prove they took possession of a motor vehicle belonging to someone else without their permission. In most cases, prosecutors must show that the theft was done either by using force, violence, or putting the owner in fear through intimidation or a threat.

Initial Steps in Creating a Defense

Initially, when preparing a defense in a Maryland carjacking case, an experienced attorney tries to get a sense of the general situation and the allegations made. A defense lawyer may turn to the charging document, whether it is a complaint by a police officer or an indictment that lays out the specifics of the allegations. Then, a legal professional may wish to speak with the defendant to get their version of what happened to determine how accurate the allegations are.

The lawyer can review the prosecution’s case and determine which kind of evidence could either undermine or counter those allegations and support the defense. Based on the available evidence, a defense attorney may claim a mistaken identity, which presents an alibi arguing that the accused was somewhere else when the alleged crime occurred.

Probation and Reduced Sentencing Options

When an experienced attorney creates a Maryland carjacking defense, they can work to get a reduced charge, either through a plea deal or by attacking certain elements at trial. Reduced charges could mean that the defendant ends up with a conviction for auto theft or assault instead of carjacking depending on the case.

If a lawyer cannot get the charge itself reduced, there are still many ways to fashion a better outcome for the alleged thief. If the defendant has not been incarcerated pending the case and has gone through the pretrial proceedings, the defense could argue that the accused has already spent enough time in jail and their sentence could be time served.

A well-versed attorney also could get an arrangement for a lighter incarceration sentence in exchange for heavier probation restrictions, so the defendant can live their normal life. In this arrangement, if the accused individual violates any terms of their probation, they could risk serving a longer jail sentence.

Contact an Attorney to Learn More About Building a Defense in a Maryland Carjacking Case

Carjacking cases can have vast differences and can have multiple complexities depending on the circumstances. These nuances can make it difficult to defend a carjacking charge without legal aid.  As a result, it is important to hire a knowledgeable attorney if you are facing a carjacking offense. Reach out to a seasoned attorney to discuss building a Maryland carjacking defense and learn which strategy may be right for your case.