Carjacking – NRS 205.228

Carjacking

Under Nevada Revised Statute (NRS) 205.228, carjacking is a serious crime involving the unlawful seizure of a vehicle through the use of force or intimidation. To secure a conviction for carjacking, the prosecution must prove the following elements beyond a reasonable doubt:

1. Use of Force or Threats: The defendant used physical force or threats to take or attempt to take a vehicle from its owner or another person with lawful possession of it.
2. Intent to Permanently Deprive: The defendant intended to permanently or temporarily deprive the owner of the vehicle’s possession or use.
3. Lack of Consent: The defendant did not have the consent of the vehicle owner or lawful possessor to take the vehicle.

Related Offenses

Carjacking is closely related to several other criminal offenses, including:

1. Robbery – NRS 200.380
2. Grand Theft Auto – NRS 205.228
3. Assault with a Deadly Weapon – NRS 200.471
4. Kidnapping – NRS 200.310
5. Battery – NRS 200.481

Examples

To better understand carjacking under NRS 205.228, consider these examples:

• Example 1: Sam forcibly removes Jane from her car at a gas station and drives away with it. Jane was threatened with violence during the incident. Sam could be charged with carjacking as his actions involved the use of force and an intent to permanently deprive Jane of her vehicle.
• Example 2: Alex, while holding a knife, demands the keys to a parked vehicle from the owner. The owner hands over the keys out of fear. Alex drives off with the vehicle. In this case, Alex could be charged with carjacking due to the use of intimidation and force to take the vehicle.

Defenses to Carjacking

Several defenses may apply to charges of carjacking, including:

1. Lack of Force or Intimidation: Demonstrating that no force or intimidation was used can refute carjacking charges. For example, if the defendant had permission to use the vehicle or if no physical confrontation occurred, this defense may be applicable.
2. Mistake of Fact: If the defendant believed they had lawful permission to take the vehicle, this may be a defense. For instance, if the defendant thought they had permission from a person they believed to be the vehicle owner, this could negate the intent required for carjacking.
3. False Allegations: Sometimes, individuals may be falsely accused of carjacking due to misunderstandings or ulterior motives. An experienced criminal defense attorney can help uncover inconsistencies in the accuser’s story and challenge the credibility of false claims.
4. Lack of Intent: Proving that the defendant did not intend to permanently or temporarily deprive the owner of their vehicle can be a valid defense. For example, if the defendant intended only to use the vehicle temporarily or had no intention of taking it, this can impact the charges.

Potential Penalty for Carjacking

Carjacking is classified as a Category B felony in Nevada, and the penalties can be severe:

• Imprisonment: A conviction may result in 2 to 15 years in the Nevada Department of Corrections.
• Fines: Up to $15,000.
• Additional Consequences: Conviction may also lead to restitution for the victim and a permanent criminal record.

Criminal Defense for Carjacking

When facing charges for carjacking under NRS 205.228, it is crucial to have a skilled defense attorney to navigate the complexities of the legal system. Joshua Tomsheck, a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada, brings extensive experience to defending clients against serious criminal charges. As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Mr. Tomsheck has achieved numerous complete dismissals and acquittals at trial.

For anyone charged with carjacking, Joshua Tomsheck and the team at Hofland & Tomsheck are dedicated to providing a vigorous defense. Contact us to discuss your case, explore your legal options, and prepare the best defense strategy.

For more information about defending against carjacking charges, call Hofland & Tomsheck at (702) 895-6760 to schedule a free consultation.