Accredited Criminal Lawyers Melbourne
Carjacking
Carjacking is a serious criminal offence. To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.
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Elements of the offence
A charge of carjacking contains the following elements to be proven to be successful:
1. The accused took a motor vehicle;
2. The vehicle belonged to another person;
3. The accused used force or threatened to use force against a person; and
4. The accused intended to permanently deprive the owner of the vehicle.
Will I have to go to court?
Carjacking charges are typically heard in the County Court due to their serious nature.
Once the case goes to court, it is up to the prosecution to prove all elements of the offence. It is important that you seek expert legal advice in building a defence as the circumstances of the events that led to the charge can assist in a strong defence argument.
Maximum Penalty
The maximum penalty for carjacking is 15 years imprisonment.
What sentences are usually given?
Sentencing for carjacking is serious, with courts considering factors such as whether weapons were used, whether anyone was injured, and any prior criminal history.
Defence strategies
Lack of Force or Threat
Challenge whether force or threats were used
Lack of Intent
Establish that you did not intend to permanently deprive the owner of the vehicle
Mistaken Identity
Challenge whether you were the person who committed the carjacking
Procedural Defects
Identify any breaches in police procedure or evidence handling
Why Clients Choose Emma Turnbull Lawyers?
Every case is overseen by an Accredited Criminal Law Specialist.
Specialist
Every lawyer on our team focuses exclusively on criminal law and intervention orders - no general practice distractions.
Accredited
Our partners hold specialist accreditation recognised by the Law Institute of Victoria - a qualification held by only a small number of lawyers.
Strategic
No generic advice, just strategic preparation and advocacy designed to protect futures.
Are You Facing Serious Criminal Charges?
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