Justia Lawyer Rating
Super Lawyers
The National Trial Lawyers
Avvo Rating

Carjacking

Carjacking is one of the most serious crimes in Florida and is more common than most people think. This is especially true in the juvenile courts around the state, where young defendants can suddenly find themselves facing a life felony for a single lapse in judgment. If you or a loved one is facing carjacking charges in adult or juvenile court Benjamin Herbst is standing by to offer a free consultation about the case. He can explain the possible defense available and potential trial strategies that will increase the chances of an acquittal, dismissal or reduction of charges. Benjamin specializes in defending clients charged with carjacking in all South Florida courts including Miami-Dade County, Broward County and Palm Beach County. He has office locations in Fort Lauderdale and West Palm, and is willing to travel anywhere from Miami to Port St. Lucie to meet in person. Benjamin is also an experienced Martin and St. Lucie County criminal defense lawyer who has handled all types of violent felonies including carjacking. Defendants charged with carjacking are often held without bail, but Benjamin will fight to have his clients released at all costs. He is a skilled Florida bail review lawyer who has convinced judges to free his clients in the most serious felony cases.

Florida law defines carjacking as the taking of a motor vehicle that is in the custody of another with the use of force, violence, assault. Carjacking charges may also be filed if the defendant did nothing more than put the driver in fear, which is highly subjective and broad. It is not required that the driver actually be driving the car, as anytime a person steals a car with the owner present, he or she may be charged with carjacking. It is not necessary to prove that the defendant intended to keep the car, as stealing a vehicle for a temporary joyride is enough to support a charge for carjacking. This type of carjacking charge is common in juvenile courts, especially when a group of young adults make a bad decision based on peer pressure. Carjacking is classified as a first-degree felony punishable by up to 30 years in prison, but if the defendant or a co-defendant carried a firearm or other deadly weapon the charge may become a life felony. Armed carjacking can be charged if anyone involved with the crime possessed a deadly weapon, so the actions of a peer can have devastating effects on a defendant. Benjamin fights for all clients charged with carjacking, and will not back down from Florida prosecutors in court. He has earned jury trial acquittals for life felonies in South Florida and continues to press the state for the best possible outcome.

There are various defenses to a carjacking case including identity. Being able to identify a person in the heat of a criminal event is extremely difficult, and victim often make mistakes. When combined with police officers who simply want to close a case and move to the next, it is easy to see how a person can be wrongfully charged. Benjamin routinely puts victims and officers on the stand to make the jury aware of any doubt about the case, and will do the same in your case. In addition to representing adults in the Circuit Courts of Miami, Fort Lauderdale and West Palm Beach, Benjamin is also a skilled and experienced juvenile criminal defense lawyer. He understands that a carjacking charged can have life altering effects for a juvenile defendant, and he fight to clear the names and the record of all his juvenile clients. Benjamin understands that communicating with juvenile clients takes patience and he has the ability to get through to all his younger clients. Finally, Benjamin provides all defendants and their families (if the defendant requests) with his cell phone number. He is committed to providing the best possible representation to all defendants charged with carjacking in Florida and always stays in touch. Call Benjamin today at (954) 543-0305 for a free consultation about your Florida carjacking case anytime.

Client Reviews
★★★★★
My family and I could not be more grateful for everything you did for me. I truly thought my future would be permanently impacted and I would never be able to join the military or even go to college. Because of your hard work I still have the opportunity to do both. Thank you so much! - T.S.
★★★★★
Hiring you was the best decision I’ve made in a long time. Thank you for supporting me and for your willingness to take the state to trial. Another lawyer may have tried to get me to take a plea, but you were ready to fight from day one. I’m so glad to have this case behind me, and have you to thank for it. - R.D.
★★★★★
I can’t thank you enough for your personal attention to the mess I got myself into. You don't know what a relief it is to be done with this criminal case. I never ever thought I would have been charged with a crime, but having you as my lawyer made the entire situation bearable. You gave me confidence that I would be able to overcome this from day one, and you followed through. Take care of yourself and your family, and thanks again for everything! - S.S.
★★★★★
You never backed down from the state, and you supported my decision to go to trial. Then you delivered in court. I appreciate you Ben. - T.C
★★★★★
I appreciate the hard work you put into my case, and my wife and I can’t thank you enough. Without you I could have lost everything. I’ll never forget what you did for me. - J.B.