Carjacking in New Jersey

N.J.S.A. 2C:15-2 · Assault, Homicide & Violent Offenses

What the law says

A person commits carjacking while unlawfully taking a motor vehicle, or attempting to do so, if the person engages in specified force, threats, or other conduct involving an occupant or person in possession or control of the vehicle. The offense also includes operating or causing the vehicle to be operated with that person still inside.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:15-2, that means:

• The person commits or attempts an unlawful taking of a motor vehicle, as defined in R.S.39:1-1.
• The conduct occurs in the course of committing the unlawful taking, which includes during an attempt or during an immediate flight after the attempt or commission.
• The person inflicts bodily injury or uses force upon an occupant or a person in possession or control of the motor vehicle.
• The person threatens an occupant or person in control with immediate bodily injury, or purposely or knowingly puts an occupant or person in control of the motor vehicle in fear of immediate bodily injury.
• The person commits or threatens immediately to commit any crime of the first or second degree.
• The person operates or causes the vehicle to be operated while the person who was in possession or control, or was an occupant, at the time of the taking remains in the vehicle.

How the charge is graded

• Carjacking is a crime of the first degree.

Penalties in the statute

• Upon conviction, a person may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 10 and 30 years.
• A person convicted of carjacking shall be sentenced to a term of imprisonment that includes a minimum term of at least five years during which the defendant shall be ineligible for parole.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• An act is deemed to be “in the course of committing an unlawful taking of a motor vehicle” if it occurs during an attempt to commit the unlawful taking of a motor vehicle or during an immediate flight after the attempt or commission.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Self-defense or defense of others under N.J.S.A. 2C:3-4 and 2C:3-5, when the force used was reasonable
• Challenging the level of injury the State alleges, which often decides whether a charge is simple or aggravated
• Witness credibility, inconsistent statements, and video that contradicts the complaint
• Lack of the required mental state (purposely, knowingly, or recklessly)
• Suppression of statements taken in violation of Miranda

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Carjacking charge.

Related charges

• Murder →
• Manslaughter →
• Vehicular Homicide (Death by Auto) →
• Strict Liability Vehicular Homicide →
• Simple Assault →
• Aggravated Assault →
• Assault by Auto →
• Terroristic Threats →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.