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DAVID CLARK
Criminal Defense Attorney

Philadelphia Carjacking Defense Strategies

The Philadelphia carjacking defense strategies will depend on the specific facts of the case. However, an accomplished carjacking attorney will know which defense strategies to use in your case. If you have been charged with a carjacking crime, reach out to a well-established lawyer today. An attorney could review your case, decide which avenues to take with regards to your defense, and then help you understand your options.

Prosecutor’s Burden of Proof for Carjacking

In Pennsylvania, in order for the prosecution to prove beyond a reasonable doubt that an individual is guilty of the crime, a number of elements must be met. The prosecution must show:

  • There was a theft or attempted theft of a motor vehicle
  • The theft was, in fact, of a motor vehicle
  • There must be some sort of action in furtherance of that act of theft
  • There must be some act of aggression on the owner of the vehicle (if the owner is present at the time)

Attacking the Specific Charges

When handling carjacking cases, there are a number of Philadelphia carjacking defense strategies that are used by attorneys. The specific crimes associated with carjacking are robbery and theft of a motor vehicle, which usually includes some sort of assaultive behavior as well. When building a defense for such a crime, the first thing to do is attack the specific elements of the crime that makes a specific robbery a carjacking. By attacking any sort of assaultive behavior and eliminating it from the case, the person can no longer be facing the crime of carjacking.

Additionally, by attacking the theft or the intent to steal a motor vehicle with the intent to permanently deprive another person of such vehicle the attorney could get the charge reduced to an unauthorized use of a motor vehicle. While specific facts of an individual’s case will determine the right defenses to put forward, attacking the elements of a specific crime of carjacking can go far when defending these types of cases.

Gathering Evidence to Prove the Individual is not the Offender

When defending any serious felony charges, including carjacking, the use of any kind of evidence which can be obtained through the use of investigators or other means. When thinking of which Philadelphia carjacking defense strategies to use, the attorney will gather evidence related to the case. The lawyer can do this by talking to witnesses, checking video surveillance, and fingerprints. The attorney will try to gather as much evidence that could be used to prove that the defendant was not the actual offender.

Importance of Obtaining a Carjacking Attorney in Philadelphia

When an individual is arrested for carjacking in Philadelphia, they are facing serious felony charges. A carjacking offense carries significant periods of jail time, long periods of supervision, and expensive fines. Therefore, it is essential that a person facing charges to reach out to an attorney who is experienced in building Philadelphia carjacking defense strategies. If you have been arrested for carjacking, get started on your defense by contacting a lawyer today.