Orland Park Vehicular Hijacking Attorney

Lawyer for Charges of Vehicular Hijacking in Will and Cook County

Not too long ago, there were no vehicular hijacking laws on the books in Illinois. Prior to 1993, any hijacking of a vehicle would be charged as armed robbery. However, the laws have been updated to specifically address carjacking offenses. This is a serious criminal charge, and people accused of this offense may be subject to severe penalties if they are convicted. Defending against these charges will require representation from a criminal defense lawyer who has the knowledge and experience needed to address the specific issues involved in these cases. At Issa Law, LLC, we know the best defense strategies to use in these situations, and we can advocate for the rights of our clients while addressing accusations related to violent crimes.

Vehicular Hijacking Charges

In general, vehicular hijacking involves taking a motor vehicle from someone by using force or threats. For example, if someone allegedly approached an occupied vehicle, opened the door, forcibly pulled the driver out of the vehicle, then got into the vehicle and drove away, this would be considered vehicular hijacking.

While vehicular hijacking or carjacking is a serious offense on its own, some cases may involve aggravating circumstances that can lead to increased charges. Aggravated vehicular hijacking may involve the use of a firearm during an offense or a victim who is over the age of 60. In addition, to address the possibility that a minor child may be in the vehicle at the time of a carjacking offense, a person may be charged with aggravated vehicular hijacking due to the presence of a passenger under the age of 16. It is important to note that knowledge of the existence of these factors (or lack thereof) does not mitigate the charges. If a person is accused of hijacking a vehicle and did not realize that there was a sleeping baby in the backseat until later, they could be charged with aggravated vehicular hijacking.

Vehicular hijacking is a Class 1 felony, which may lead to a sentence of four to 15 years in a state prison. Aggravated vehicular hijacking is a Class X felony, which has a base sentence of six to 30 years in prison. If a person was carrying a weapon other than a firearm when committing an offense, an additional seven years may be added to their sentence. If they were carrying a firearm, they may face an additional 15 years. If they discharged a firearm during the course of an offense, they may face an additional 20 years. If the discharge of a firearm led to someone's serious injury, disfigurement, disability, or death, they may face an additional 25 years or a potential life sentence. At least 85 percent of a prison sentence must be served, and probation or court supervision will not be available.

Vehicular Invasion

This offense is an offshoot of vehicular hijacking, and it may be charged if a person allegedly reached into an occupied vehicle without the permission of the owner or occupant with the intent to commit theft or a felony. One key issue is the use of force. While opening someone's door or breaking a window would clearly be considered a use of force, questions may arise in other situations, such as when a is completely or partially down. In this case, an argument may be made that no force was used and that a person did not commit vehicular invasion.

Vehicular invasion is a Class 1 felony. People charged with this offense may be able to receive probation, but court supervision will not be available.

Contact Our Joliet Carjacking Charges Attorney

If you have been charged with vehicular hijacking or vehicular invasion, contact our firm and set up a consultation by calling 708-966-2408.