Indianapolis Carjacking Lawyer

An increase in carjacking incidents in and around Indianapolis has brought a renewed focus on this crime. Suspects charged with this crime may face a stronger prosecutorial push for harsh sentences and penalties. If you have been charged with carjacking, an Indianapolis carjacking lawyer from Eskew Law could defend you against those charges while making sure that you are treated justly and fairly within the bounds of the criminal legal system. Our theft defense attorneys work tirelessly to build and maintain our reputation as strong and intelligent advocates who provide compassionate advice to all our clients.

What Are the Elements of a Carjacking Crime?

To secure a conviction, a prosecutor must prove a series of elements beyond a reasonable doubt. First, they must prove the person charged with the crime acted deliberately and with the purpose of taking a car. Then they must prove the defendant actually took possession of the vehicle, which is distinguished from an attempt to take it, and that the person deprived of the vehicle was in or close to the car when it was taken. Lastly, it must be proved that the defendant used or threatened force to accomplish the crime. This is essentially robbery of a vehicle.

Our experienced Indianapolis carjacking defense attorney scrutinizes the evidence the prosecutor intends to introduce at trial to determine whether there are gaps or weaknesses that do not conclusively show each of these elements.

How Could a Criminal Defense Attorney Challenge a Carjacking Accusation?

Indiana Code § 35-42-5 treats carjacking as a Class 2, 3, or 5 felony, depending on the level and extent of physical harm the crime victim suffered. If the victim suffers a serious bodily injury, a judge can sentence a perpetrator for up to 30 years in prison and impose a fine of up to $10,000. If you are facing carjacking charges in Indianapolis, our defense attorney could help build a strong defense to reduce the long-term consequences of a criminal conviction.

The criminal defense attorneys at Eskew Law are adept at developing the best defense strategies that the facts of a case might allow. Possible defenses include:

• The defendant did not use or threaten force during the taking of a vehicle
• Detectives did not use proper constitutional investigative techniques to gather evidence
• The defendant was in imminent life-threatening danger, and grabbed the vehicle as a last resort to avoid that danger
• Mistaken identity, where a crime victim cannot identify the alleged perpetrator with certainty, or where investigators used improper means to suggest the perpetrator’s identity
• The vehicle was possessed legally, and it may be a false accusation

Prosecutors are well aware of these and other defense tactics. To strengthen their cases, prosecutors will frequently add corollary charges to a carjacking indictment, such as battery or, if the victim is in the car for any amount of time after it is taken, kidnapping. When you are looking for an attorney to challenge carjacking and other charges on your behalf, make sure you hire legal representatives who have a broad base of knowledge about state criminal law, such as the lawyers at Eskew Law.

Call Eskew Law to Discuss a Carjacking Case With an Indianapolis Attorney

If you have been charged with carjacking or any other serious violent crime, your future is in extreme jeopardy. Regardless of whether you made a mistake or you are a victim of a mistaken identification, you should not take chances with an inexperienced lawyer who cannot develop the defense strategies you need to safeguard your livelihood. Instead, please call Eskew Law to consult with an Indianapolis carjacking lawyer about how we may represent your interests as your case moves forward.