Carjacking is the intentional taking of another person’s motor vehicle that occurs when the driver or passenger are present. This is only the first difference between this charge and the others in this article. Arguably more important is that this charge requires that the state prove the use of force or intimidation.
If convicted of carjacking you are required to be imprisoned at hard labor for at least two years and could be sentenced up to 20 years. This sentence is without the benefit of probation, parole, or suspension of sentence.
Theft of a motor vehicle is the taking of a motor vehicle that belongs to someone else either
(a) by means of fraudulent conduct or
(b) without the owner’s consent.
In other words, no force or intimidation is needed to prove guilt of this crime, but the state will have to prove the intent to permanently deprive the owner of the motor vehicle.
The penalties for Theft of motor Vehicle range from 6 months to 20 years depending on the value of the motor vehicle stolen.
Unauthorized use of a motor vehicle is the intentional taking or use of a motor vehicle which belongs to another, either
- without the other’s consent, or
- by means of fraudulent conduct, practices, or representations,
but without any intention to deprive the other of the motor vehicle permanently.
The penalty for Unauthorized Use of a Motor Vehicle is up to 2 years in jail.
Louisiana law considers carjacking to be the most serious of these crimes. However, all of them are serious crimes and if you are accused of one of these crimes you should contact us for a free consultation today!