Carjacking 

A carjacking accusation instantly places you in one of the most aggressively prosecuted categories of crimes in Florida. From the moment the allegation is made, law enforcement and prosecutors often approach the case with the assumption that violence was imminent or unavoidable, even when the underlying interaction was brief, confused, or far less clear than it may later be portrayed. Unlike many criminal cases, carjacking investigations are treated as emergencies, which means decisions about suspects, charges, and evidence are often made before all facts are fully understood.

What makes these cases especially dangerous is how quickly they expand. A single accusation can evolve into multiple felony counts, sentencing enhancements, and allegations involving weapons or accomplices, sometimes based on little more than a frightened witness’s initial account. Statements taken in the early stages, surveillance footage viewed without context, and assumptions about intent can define the direction of the case long before the defense has an opportunity to respond. Once those narratives are set, reversing them becomes far more difficult.

This is why immediate legal representation matters. The Ishak Law Firm represents individuals accused of serious felony offenses throughout West Palm Beach and South Florida, including carjacking. If you are facing this charge or believe you are under investigation, early intervention can mean the difference between a narrowly focused case and one that spirals into life-altering consequences.

Florida’s Carjacking Statute

Florida defines carjacking in Florida Statute § 812.133. Under the statute, carjacking is the taking of a motor vehicle from the person or custody of another, with the intent to deprive the person or owner of the vehicle either temporarily or permanently, and doing so by force, violence, assault, or by putting the person in fear. The focus is not merely on the vehicle, but on the manner of the taking. Prosecutors must prove that intimidation or coercion played a role, even if the encounter lasted only moments.

The law also treats the timeline broadly. Conduct can qualify as part of the offense if it occurs during an attempt, during the taking itself, or in immediate flight afterward. The state often argues that actions before or after the moment the vehicle changed hands are part of a single continuous episode.

Degree of the Charge and Base Penalties

Carjacking is generally charged as a first-degree felony in Florida. Even without allegations involving a weapon, a first-degree felony carries the possibility of decades in prison. Because the statute emphasizes force or fear, the charge is treated as one of the most serious non-homicide offenses in the state.

Potential Enhancement Charges That Can Increase Penalties

Firearm or Deadly Weapon Enhancements

When prosecutors allege that a firearm or other deadly weapon was carried during the offense, the consequences increase dramatically. Under Florida Statute § 812.133(2)(a), carjacking with a firearm or other deadly weapon exposes a defendant to life imprisonment. In addition, Florida Statute § 775.087, commonly associated with Florida’s “10-20-Life” framework, may trigger mandatory minimum prison sentences if a firearm was possessed, displayed, or discharged during the alleged offense.

Prison Releasee Reoffender and Habitual Offender Allegations

In some cases, the state may seek sentencing enhancements under Florida Statute § 775.082 or § 775.084. A Prison Releasee Reoffender designation can require mandatory maximum sentences if the alleged carjacking occurred within a specified time after release from prison. Habitual felony offender or violent career criminal allegations can also significantly increase exposure and reduce eligibility for early release.

Additional Counts and Related Charges

Carjacking cases often come bundled with other allegations. Prosecutors may add charges for aggravated assault, aggravated battery, resisting without violence, or fleeing and eluding if the facts allow. If injuries are alleged, the state may argue that great bodily harm occurred, which can influence both charging and sentencing. Each additional count increases leverage for the prosecution and raises the importance of early, coordinated defense strategy.

What Is the Difference Between Carjacking, Robbery, and Theft?

Carjacking

Carjacking centers on taking a vehicle from someone who is in possession or custody of it through force or fear. The person does not have to be the legal owner. A borrower, valet, or even someone standing next to the car while loading items may qualify as being in custody. If prosecutors believe intimidation was used to take control of the vehicle, the charge may be carjacking.

Robbery

Robbery involves taking property from a person through force or fear, but the property can be anything. If the alleged taking involved a wallet, phone, jewelry, or keys rather than the vehicle itself, robbery may be alleged. When the vehicle is the target, prosecutors often choose carjacking because Florida law treats it more severely.

Theft and Auto Theft

Theft offenses generally involve taking property without permission but without force or intimidation. Taking an unattended vehicle or driving away a car left running may be charged as grand theft auto rather than carjacking. These distinctions matter because the “force or fear” element is where many cases become contestable.

Could I Have Been Mistakenly Accused of Carjacking?

Mistaken accusations are not uncommon. These incidents are fast and frightening, and people focus on safety rather than detail. Early descriptions may be incomplete or wrong, leading to arrests based on proximity, general appearance, or similarity to a vehicle or suspect description.

Misidentification can occur due to poor lighting, brief observation, stress, or suggestive identification procedures. Disputes over possession also play a role. Shared vehicles, family conflicts, breakups, and rideshare situations can blur the line between permission and force. Prosecutors may also pursue theories of accomplice liability, charging someone who did not drive the vehicle but was allegedly present or involved in planning.

What Might Weaken the Case Against Me?

Identification and Witness Reliability

Eyewitness identification is often the centerpiece of a carjacking case, but it is also one of the most vulnerable forms of evidence. Lighting, distance, stress, and the manner in which identifications were conducted can all undermine reliability. Confidence does not always equal accuracy.

Video, Physical, and Digital Evidence

Surveillance footage may be grainy, incomplete, or fail to show threats or force. Fingerprints and DNA can indicate presence without proving guilt or timing. Cell phone location data often places someone in a general area without establishing involvement. A careful defense tests what each piece of evidence truly proves.

Legal and Procedural Issues

Unlawful stops, searches, or arrests can lead to suppression of evidence. Suggestive show-up identifications may be challenged. Investigative shortcuts and gaps can weaken the prosecution’s narrative and create reasonable doubt.

Mistakes to Avoid After a Carjacking Charge

Speaking with law enforcement without counsel is a frequent mistake. Even innocent explanations can be misconstrued. Contacting alleged victims or witnesses can create new allegations, including intimidation or tampering. Social media activity, including deletions, can also be used against you.

Another mistake is assuming the state’s case is complete. Investigations often continue after arrest, with lab results, phone data, and additional witness statements added later. Early defense action can preserve favorable evidence before it disappears.

Take Control of the Case Before the State Takes Control of Your Future

If you are facing a carjacking allegation, the most important step you can take right now is to slow the process down and protect yourself from avoidable damage. Do not discuss the incident with law enforcement, alleged victims, or third parties, and avoid trying to explain or justify your actions outside the presence of counsel. Preserve anything that could support your defense, including text messages, call logs, rideshare records, location data, receipts, and any private or residential camera footage that may not be retained for long. Writing down your recollection while events are still fresh can also be critical, as early details often disappear or change over time.

Just as importantly, involve experienced legal counsel as soon as possible. Carjacking cases in Florida carry extreme penalties, and prosecutors often pursue enhancements that dramatically increase sentencing exposure. The Ishak Law Firm represents clients throughout West Palm Beach and South Florida who are confronting high-stakes felony charges. When you contact our firm early, we can begin challenging the state’s assumptions, preserving favorable evidence, and positioning your case for the strongest possible outcome. 

If you have been charged with carjacking or believe charges are imminent, schedule a confidential consultation today and put a defense strategy in place before critical opportunities are lost.