Published on 2/26/2024, 1:42:00 PM

Carjacking vs. Armed Carjacking in Maryland: Understanding the Difference

In the landscape of Maryland law, carjacking and armed carjacking stand as two significant offenses with critical distinctions that can impact the accused's life significantly. As your guides through the maze of legal complexities, we at FrizWoods LLC are here to shed light on these differences and provide a beacon of understanding in what can often feel like a dark, confusing process.

What is Carjacking?

Carjacking, as defined by Maryland law, occurs when an individual takes unauthorized possession or control of a motor vehicle from someone who actually has possession of it, using force, violence, intimidation, or the threat thereof. It�s a scenario that can unfold in various ways but always involves the forceful taking of a vehicle directly from its possessor.

Key Elements of Carjacking:

1. Unauthorized Possession or Control: The defendant takes control of the motor vehicle without authorization.

2. Actual Possession by the Victim: At the time of the incident, the motor vehicle was in the actual possession of another person, meaning they had control, possession, were in the vehicle, or in its immediate vicinity.

3. Use of Force or Intimidation: The defendant employs force, violence, or intimidation/threats of force or violence to obtain the motor vehicle.

Interestingly, the intent to permanently deprive the owner of the vehicle is not a required element for this charge. What this means is that simply taking the car for a "joy ride" isn't a defense.

This aspect broadens the scope of carjacking offenses to include those who may not intend to keep the vehicle indefinitely.

What Sets Armed Carjacking Apart?

Armed carjacking carries all the elements of carjacking but includes the use or display of a dangerous weapon during the commission of the crime. A dangerous weapon is defined as anything capable of causing death or serious bodily harm. This added element escalates the severity of the crime and, consequently, the potential penalties upon conviction.

The Critical Element of Armed Carjacking:

• Use of a Dangerous Weapon: The crime transitions from carjacking to armed carjacking when the perpetrator employs or displays a dangerous weapon in the process of taking the vehicle.

Legal Implications

The legal ramifications for these offenses are profound. Carjacking, by itself, is a felony that can lead to significant prison time. However, the introduction of a dangerous weapon into the equation, as in armed carjacking, heightens the stakes considerably, leading to even more severe penalties, given the increased threat to public safety and the victim's well-being. Ultimately both felony offenses carry the same maximum penalty, thirty (30) years in prison.

Why the Distinction Matters

Understanding the difference between carjacking and armed carjacking is crucial for several reasons:

• Legal Strategy: The defense approach for someone accused of carjacking will differ significantly from that of armed carjacking, especially considering the added element of a dangerous weapon.
• Penalty Severity: Armed carjacking often carries stiffer penalties. Although the maximum penalties are the same, the use of a weapon can intoduce more charges like gun charges and can also increase the guidelines of potential sentences.
• Charge Negotiations: In some cases, the specifics of how a weapon was used or displayed could influence plea negotiations or the charges themselves. Legal expertise is vital in navigating these nuances.

Frequently Asked Questions

Q: Does the victim need to be in the vehicle for a charge of carjacking?
A: No, the victim can be outside the vehicle but must be in actual possession, meaning they have control over or are in the immediate vicinity of the vehicle. This means that a person can be carjacked under Maryland law, even if they are outside the car with their keys when they are taken.

Q: What constitutes a "dangerous weapon" in armed carjacking?
A: A dangerous weapon includes any object capable of causing death or serious bodily injury. This can range from firearms to knives or any other object used in a manner that could inflict serious harm. Even simple objects like a large rock could constitute a deadly weapon under Maryland law.

Q: Can I be charged with armed carjacking if the weapon was not visible to the victim?
A: Yes, the mere employment of a dangerous weapon during the commission of the carjacking, whether displayed or not, qualifies for an armed carjacking charge.

Q: Is it a defense to a carjacking charge that I didn't want to keep the car?
A: No, intent to permanently deprive the owner of the vehicle is not a necessary element for carjacking charges in Maryland. The act of taking the vehicle with a threat of force is a felony carjacking. even if a person only intends to joyride the car for a few minutes.

The Path Ahead

If you or someone you know faces charges of carjacking or armed carjacking in Maryland, the road ahead can seem daunting. Legal representation is not just beneficial; it's essential. At FrizWoods LLC, we specialize in navigating the intricate details of these serious charges, advocating for our clients with a combination of legal acumen and compassionate understanding.

Remember, the difference between carjacking and armed carjacking is significant and can alter the course of your legal journey profoundly. With experienced legal guidance, you can navigate these turbulent waters with confidence and clarity.