Motor Vehicle Theft & Carjacking

Motor Vehicle Theft & Carjacking in Atlanta, Georgia (OCGA § 16-8-2 & OCGA § 16-5-44.1)

Understanding Motor Vehicle Theft & Carjacking Under Georgia Law

Motor vehicle theft and carjacking are serious felony offenses in Atlanta, Georgia, carrying harsh criminal penalties, including long-term imprisonment and felony records. These crimes involve either unlawfully taking a vehicle without consent or using force, threats, or weapons to steal a vehicle from its owner.

Under OCGA § 16-8-2 & OCGA § 16-5-44.1, motor vehicle theft is prosecuted under Georgia’s theft laws, while carjacking is classified as a violent felony due to its use of force or intimidation.

At Khalil Eaddy Trial Attorney, our firm provides aggressive defense strategies for individuals charged with auto theft and carjacking in Atlanta, Georgia. We fight to challenge weak evidence, expose legal violations, and seek the best possible resolution for every client.

1. Motor Vehicle Theft in Atlanta, Georgia (OCGA § 16-8-2 & § 16-8-7)

Definition:

Motor vehicle theft occurs when a person unlawfully takes, obtains, or withholds a vehicle belonging to anotherwith the intent to permanently deprive the owner of it.

Key Elements:

Taking a vehicle without permission
Intent to permanently deprive the owner of the vehicle
No requirement for force or violence (if force is used, the charge escalates to carjacking)

Types of Motor Vehicle Theft:

Joyriding: Taking a vehicle without permission but intending to return it
Grand Theft Auto: Stealing a vehicle with no intent to return it
Fraudulent Theft: Illegally obtaining a vehicle through scams, fake leases, or false financing

Examples:

Stealing a car from a parking lot
Using a tow truck to take a vehicle without authorization
Failing to return a rental car or leased vehicle

Penalties (OCGA § 16-8-12):

Less than $1,500 in value – Misdemeanor, up to 12 months in jail and/or a fine up to $1,000
$1,500 – $5,000 in value – Felony, 1 to 5 years in prison
$5,000 – $25,000 in value – Felony, 1 to 10 years in prison
Over $25,000 in value – Felony, 2 to 20 years in prison

Even if the accused intended to return the vehicle, the law may still classify it as motor vehicle theft. Our firm fights to reduce charges, prove lack of intent, or demonstrate mistaken ownership.

2. Carjacking (Hijacking a Motor Vehicle) in Atlanta, Georgia (OCGA § 16-5-44.1)

Definition:

Carjacking, legally known as hijacking a motor vehicle, occurs when a person uses force, threats, intimidation, or a weapon to take a vehicle from another person.

Key Elements:

Taking a vehicle directly from the driver or passenger
Using force, threats, or a weapon to obtain control
Intent to permanently or temporarily deprive the owner of the vehicle

Examples:

Pulling a driver out of their vehicle at gunpoint
Using threats or physical force to steal a car at a gas station
Forcing a rideshare driver out of their vehicle and driving away

Penalties (OCGA § 16-5-44.1(b)):

First-Degree Carjacking (Weapon Used or Threatened)
- Mandatory minimum of 10 years in prison, up to 20 years
Second-Degree Carjacking (No Weapon)
- Felony, punishable by 5 to 15 years in prison

Carjacking is classified as a violent felony, meaning parole and early release options are severely limited. Our firm works to challenge witness statements, prove mistaken identity, or argue lack of force or intent to fight these serious charges.

3. Defending Against Motor Vehicle Theft & Carjacking Charges in Atlanta, Georgia

Motor vehicle theft and carjacking cases often rely on witness testimony, surveillance footage, and circumstantial evidence. A strong defense strategy can expose weaknesses in the prosecution’s case.

Common Defenses to Auto Theft & Carjacking Charges:

Lack of Intent (Motor Vehicle Theft Defense): The accused did not intend to steal the vehicle.
Mistaken Identity: The defendant was wrongfully accused, or evidence is unclear or unreliable.
False Allegations: The alleged victim fabricated or exaggerated the incident.
Consent Given (Borrowed Vehicle Defense): The accused had permission to use the car but is now being falsely accused of theft.
No Use of Force (Carjacking Defense): The prosecution must prove that force, threats, or a weapon were involved.

A strong legal defense can result in dismissed charges, reduced sentencing, or alternative sentencing options.

Why Choose Khalil Eaddy Trial Attorney?

Motor vehicle theft and carjacking convictions can destroy reputations, limit career opportunities, and result in decades of prison time. Our firm is committed to aggressively fighting for clients’ rights, challenging weak evidence, and securing the best possible outcome.

Our Approach:

Comprehensive Case Investigation – Reviewing surveillance footage, forensic reports, and police records for inconsistencies
Expert Witness Testimony – Using forensic specialists, vehicle experts, and eyewitness credibility assessments to challenge the prosecution’s claims
Strategic Motion Practice – Filing motions to suppress unlawful evidence, challenge identification procedures, and seek case dismissals where appropriate
Negotiation & Trial Preparation – Whether negotiating for reduced sentencing or fighting for an acquittal at trial, we are prepared for every scenario

Facing a motor vehicle theft or carjacking charge in Atlanta, Georgia can have lifelong consequences, including imprisonment, loss of civil rights, and a permanent criminal record.

A strong legal defense can make the difference between a conviction and a reduced or dismissed charge. Our firm is dedicated to protecting the rights of those accused, thoroughly examining the facts of each case, and building a strategic defense tailored to the circumstances.

Call 770-303-0700 today for a confidential consultation and start building your defense.