Stealing a car by threatening or assaulting the driver is popularly known as carjacking. In New York carjacking is charged as robbery in the second degree.
New York Code section 160.10 provides that a person commits second-degree robbery if he or she steals a motor vehicle by force. Second-degree robbery also occurs if an individual steals property by force and is helped by a second individual who is present at the crime; or if in the course of committing the crime or fleeing therefrom, he or she injures another person or displays a firearm. Second-degree robbery is a class C felony in New York.
Second-degree robbery is a serious crime with serious consequences. A conviction can result in a lengthy prison sentence. The prosecution will make every effort to obtain a conviction. Those facing carjacking or other robbery charges have the right to fight the charges in court, however. In doing so, a strong defense strategy is essential to preserve one’s freedom.
Under the Sixth Amendment of the United States Constitution, individuals accused of a crime have the right to be represented by an attorney. A person who cannot afford an attorney is entitled to have one appointed by the court at no charge. However, it is always a good idea to seek out the help of the most qualified and experienced attorneys you can find. An attorney can zealously advocate for his or her client, presenting arguments in the client’s favor and challenging the evidence and witnesses proffered by the prosecution. This could make all the difference between a conviction and an acquittal of all charges.