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Aggravated Vehicular Hijacking occurs when someone takes possession of a vehicle through the use of force and one of the following factors are involved:
A person under the age of 16 was present inside the vehicle
A physically handicapped person was inside the vehicle
A dangerous weapon was involved other than a firearm
If a gun was involved, it could add up to 15 years to a prison sentence if convicted
If a firearm or other deadly weapon was discharged during the event, it could add up to 20 years to a prison sentence if convicted
If a firearm was discharged and caused death, permanent disability, or great bodily harm, 25 years or life in prison can be added to your sentence if convicted.
For example, if a vehicle was stolen and the person who stole it realized that a baby was in the back seat after taking possession of the car, they would be charged with aggravated vehicular hijacking. A lack of knowledge of vehicular hijacking laws is not a valid defense.
Being charged with aggravated vehicular hijacking is a Class X felony with a minimum sentence of 6 years and a maximum of 30 years. Additional time could be added to your sentence depending on the aggravated factors involved in the crime.
If there are no aggravating factors, but you knowingly took possession of a vehicle from someone else and used force or threat of force, you could be facing vehicular hijacking charges, which is a Class 1 felony that carries a sentence of 4 – 15 years in prison with fines up to $25,000.
If the alleged vehicular hijacking resulted in a police chase, the defendant could face additional criminal charges.
Aggravated Vehicular Hijacking in Chicago carries severe penalties, including significant imprisonment imposed by the court. Crime is defined as taking a motor vehicle from the immediate presence of an alleged victim by force or threat of force. The charges become more severe if the offender personally discharges a firearm, causing harm or permanent disfigurement, or if the victim is a minor or a physically disabled person.
Potential penalties include long-term imprisonment, hefty fines, probation, and restitution. The specific sentence depends on factors like weapon use, the severity of injury to victims, and the defendant’s prior criminal record.
An experienced lawyer can play a critical role in mitigating these penalties. They can develop strong defense strategies, negotiate plea deals, challenge the validity of evidence, and argue for reduced sentencing. The goal is to minimize the impact on the defendant’s life while ensuring their rights are protected throughout the process.
A seasoned Chicago Criminal lawyer can employ a range of defenses in an Aggravated Vehicular Hijacking case to potentially reduce the term of imprisonment imposed or even acquit the defendant. One common defense is challenging the validity of the identification process, arguing that the victim may have mistakenly identified the defendant as the perpetrator.
The defense might also question the legality of the vehicle search and the evidence acquisition, arguing for suppression if constitutional rights were violated. Another approach is challenging whether the defendant used force or threats, a critical element in hijacking charges.
In certain circumstances, a lawyer may also argue duress, indicating that the defendant was forced into hijacking under threat to his or her person.
Given the severity of the charge, which can lead to a term of imprisonment up to natural life, it’s crucial to have a competent lawyer for Vehicular Hijacking cases in Chicago.
An aggravated vehicular hijacking charge is a serious offense that can have long-term repercussions for the accused. Having an experienced criminal defense lawyer on your side to represent you in court is essential to achieving a favorable outcome.
Your defense attorney will fight for your rights while constructing a strong defense strategy tailored to the details of your felony crime. They can contest evidence, challenge the credibility of witnesses, draft motions to suppress evidence and negotiate plea deals.
The Hirsch Law Group is a team of experienced criminal defense lawyers ready to handle your aggravated vehicular hijacking case. We have a track record of successfully defending our clients against felony charges and achieving favorable outcomes. Contact us today for personalized legal service and aggressive representation.
Our team of award-winning attorneys understands that facing felony or Class X vehicular hijacking charges. We have experience in 12 counties across Illinois defending people facing serious criminal charges. We know how to poke holes in the prosecution’s case creating reasonable doubt.
Our criminal defense attorneys know the Illinois Penal Code and can identify issues with the evidence, witnesses, and other case components. We will develop an aggressive defense strategy tailored to your case, fight for your rights in court, and ensure you receive fair treatment from law enforcement.
If you have been arrested on these charges, call our law offices immediately at (815) 855-2028.
