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Attempted Carjacking Results In Death Of Victim And Alleged Carjacker

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One single crime has the ability to affect many people’s lives.  Several area families are now experiencing this firsthand as the result of a Miami carjacking in which two young men, both the carjacker and the victim, lost their lives.  In this tragic incident, a Marine Corps veteran, his brother, and a friend were leaving a party in Miami Gardens when a man who reportedly carried two guns jumped into the Marine’s car and shot him in the head. The Marine’s brother subsequently shot the carjacker. Both the Marine and the carjacker were transferred to a local hospital but both died from their injuries, and both of the men leave behind grieving family members struggling to make sense of what happened.

Carjacking Defined

Florida Code Section 812.133 defines the crime of carjacking as the intentional and forceful act of taking a vehicle from someone else to either permanently or temporarily deprive them of use of the vehicle. The punishment for committing this crime depends upon whether or not the suspect was armed at the time of the act; in any case, it is classified as a felony in the first degree and, if guilt is established, a conviction for this crime can carry a sentence of life imprisonment. Punishments for crimes committed along with a carjacking can also affect the sentence received.

Florida’s 10/20/Life Statute

Florida’s 10/20/Life statute may come into play when a carjacking is committed with the actual or attempted use of a gun; according to Florida Code Section 775.087, the court is required to impose sentences of either 10, 20, or 25 years to life in prison for those convicted of felony offenses involving a gun or other similar device.  Details about how the gun was used during the commission of the carjacking would dictate which sentence length is required. If the suspect was in possession of a gun, the minimum would be 10 years, and if he or she discharged the gun, the sentence would double to at least 20 years. In the event that anyone was injured or killed by weapon, the convicted carjacker would receive at least 25 years behind bars. Finally, if the weapon was an assault weapon or machine gun, the sentence for possession is increased to at least 15 years while the sentences for discharge or injury/death of a victim remain the same at 20 or 25 years to life sentences. Defenses to carjacking are available in very specific circumstances.  If you have been charged with carjacking, you need to speak with an experienced attorney who can evaluate any and all of your possible defenses.

We Can Assist You with Your Case

Bad things happen to good people. If you have been charged with a crime, you owe it to yourself to find the best possible representation to protect your valuable rights. If you find yourself in this situation, know that help is available. In the Greater Broward County and Fort Lauderdale area, attorney Deric Zacca is the right one to turn to. At the office of Deric Zacca, P.A., you will find competent and trustworthy legal help. Contact us now at the office of Deric Zacca, P.A. to schedule your appointment and let us help you.

Resources:

Wife Of Marine Murdered In Carjacking Makes Special Request

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.133.html