Early in the morning last Monday, Clifton police attempted to stop a 2000 Honda Accord for a routine traffic stop on Route 21. Instead of stopping, the car sped off and police gave chase. According to police, the suspects exited Route 21 into Nutley, where they crashed into a street sign and took off on foot. While searching through the neighborhood, police found three men exiting an apartment who they suspected to be passengers in the car. The three men, Juan Montas, Jan Carlos Aquino, and a juvenile were arrested in charged. This scenario presents numerous charges that the suspects could potentially face, but also raises numerous potential defenses. Anyone charged with auto theft or an auto theft related offense in New Jersey should contact a New Jersey criminal defense lawyer for representation.
The first issue in this case is how the car was stolen. If the car was stolen through the use of force, then the person or people who stole the car can be charged with carjacking under N.J.S. 2C:15-2. A person is guilty of carjacking if in the course of committing an unlawful taking of a motor vehicle, or in an attempt to commit an unlawful taking of a motor vehicle he: (1) inflicts bodily injury or uses force upon an occupant or person in possession or control of a motor vehicle; (2) threatens an occupant or person in control with, or purposely or knowingly puts an occupant or person in control of the motor vehicle in fear of, immediate bodily injury; (3) commits or threatens immediately to commit any crime of the first or second degree; or (4) operates or causes said vehicle to be operated with the person who was in possession or control or was an occupant of the motor vehicle at the time of the taking remaining in the vehicle.
Carjacking is a very serious crime. It is graded as a first-degree crime; however, unlike most other first-degree crimes, carjacking carries enhanced penalties and a person convicted of carjacking can be sentenced to a term of incarceration between 10 and 30 years. Also, first-degree crimes carry a presumption of imprisonment. Carjacking is also a crime that falls within the No Early Release Act, N.J.S. 2C:43-7.2, which means that anyone convicted of carjacking is subject to a 85% parole disqualifier for any prison sentence imposed.
If the person who took the motor vehicle did not intend to permanently deprive the owner of the vehicle, but to temporarily take the vehicle, the person can be charged with joyriding under N.J.S. 2C:20-10. The way joyriding is graded depends on the circumstances. a. A person commits a disorderly persons offense if, with purpose to withhold temporarily from the owner, he takes, operates, or exercises control over any means of conveyance, other than a motor vehicle, without consent of the owner or other person authorized to give consent. b. A person commits a crime of the fourth degree if, with purpose to withhold temporarily from the owner, he takes, operates or exercises control over a motor vehicle without the consent of the owner or other person authorized to give consent. c. A person commits a crime of the third degree if, with purpose to withhold temporarily from the owner, he takes, operates or exercises control over a motor vehicle without the consent of the owner or other person authorized to give consent and operates the motor vehicle in a manner that creates a risk of injury to any person or a risk of damage to property. It is an affirmative defense to prosecution under subsections a., b. and c. of this section that the actor reasonably believed that the owner or any other person authorized to give consent would have consented to the operation had he known of it. d. A person commits a crime of the fourth degree if he enters and rides in a motor vehicle knowing that the motor vehicle has been taken or is being operated without the consent of the owner or other person authorized to consent.
If the actor takes a motor vehicle with the intent to permanently deprive the owner of that automobile, the actor can be charged with auto theft under New Jersey’s Theft by Unlawful Taking Law, N.J.S. 2C:20-3. Auto theft is at least a third-degree crime regardless of the value of the automobile. A third degree crime carries a prison term between 3 and 5 years. If the value of the auto that is taken is over $75,000, then the actor will be charged with a second-degree theft. A second-degree crime carries a term of imprisonment between 5 and 10 years. In addition to the incarceration periods discussed above, anyone convicted of theft of an automobile is subject to enhanced fines (up to the market value of the automobile if the automobile is worth more than $7500 and is not recovered) and suspension of their driving privileges.
As this article illustrates, auto theft in its various forms is treated as a very serious crime with penalties above and beyond what is normal for an ordinary theft. Therefore, anyone charged with carjacking, joyriding, auto theft by unlawful taking, or any other crime in New Jersey should contact a
New Jersey criminal defense lawyer for representation.
