Fairfax Carjacking: Proof and Penalties

A Fairfax Carjacking (Va. Code §18.2-58.1) is basically stealing a car by force.  It is the intentional seizure of a motor vehicle (or seizure of control of a motor vehicle) of another person by violence with intent to permanently or temporarily deprive another person of possession or control.  A Fairfax Carjacking charge is a very serious felony and is punished with up to life in prison.

Proof of Fairfax Carjacking

To convict an offender of a Fairfax Carjacking charge, the Commonwealth must prove:

• intentional seizure
• of control or possession
• of a motor vehicle
• by violence, and
• intent to permanently or temporarily deprive another person of possession or control

Penalty for Fairfax Carjacking

A Fairfax Carjacking charge is punished with 15 years to life in prison.

Carjacking in Virginia and Other Criminal Charges

It is possible to be charged with, and convicted of, a Fairfax Carjacking and other crimes based on the same conduct, such as Robbery or Use of a Firearm in the Commission of a Felony.

Carjacking Statute

§18.2-58.1. Carjacking; penalty.

A. Any person who commits carjacking, as herein defined, shall be guilty of a felony punishable by imprisonment for life or a term not less than fifteen years.

B. As used in this section, “carjacking” means the intentional seizure or seizure of control of a motor vehicle of another with intent to permanently or temporarily deprive another in possession or control of the vehicle of that possession or control by means of partial strangulation, or suffocation, or by striking or beating, or by other violence to the person, or by assault or otherwise putting a person in fear of serious bodily harm, or by the threat or presenting of firearms, or other deadly weapon or instrumentality whatsoever. “Motor vehicle” shall have the same meaning as set forth in § 46.2-100.

C. The provisions of this section shall not preclude the applicability of any other provision of the criminal law of the Commonwealth which may apply to any course of conduct which violates this section.

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tags: Assault | Beating | Bodily Harm | Deadly Weapon | Felony | Firearm | Force | Motor Vehicle | Possession | Robbery | Serious Bodily Harm | Strangulation | Striking | Suffocation | Threats | Use of Firearm in Commission of Felony | Violence | Violence to the Person | Weapon