How Do You Fight a Carjacking Charge in Maryland?

 Posted on July 09, 2025 in Criminal Defense

Facing a carjacking charge in Maryland is rightfully intimidating. A conviction carries the risk of a long prison sentence and a permanent criminal record. Whether the allegations involve threats, violence, or weapons, the consequences are severe. A Glen Burnie, MD carjacking defense attorney can help protect your rights and fight for the best possible outcome. Understanding how Maryland law defines carjacking and knowing your potential defense is necessary if you want to fight the charge.

Definition of Carjacking Under Maryland Law

According to Maryland Criminal Code § 3-405, carjacking is a serious felony offense. The statute defines carjacking as the taking of a motor vehicle from someone by force, violence, or intimidation. Unlike auto theft, which typically involves stealing an unattended or parked vehicle, carjacking requires a direct confrontation with the victim. This element of force or threat sets carjacking apart, elevating it from a property crime to a violent offense.

The law also includes "armed carjacking," which occurs when the offender uses or displays a dangerous weapon during the act. The presence of a weapon significantly increases the severity of the charge and the potential consequences.

Common Defenses for Carjacking in Maryland

Defending a carjacking charge in Maryland can be highly challenging due to the violent nature of the offense and the severe penalties involved. One potential defense is mistaken identity. Based on the details of your case, your attorney may assert that you were wrongly identified. Surveillance footage, witness testimony, or an alibi can be used to establish doubt.

Another defense strategy might involve arguing that you did not use force or intimidation when the vehicle was taken. If successful, the court may reduce your charge to a lesser offense. In some cases, it may be appropriate to argue that you performed the carjacking out of duress. This would be the case if someone forced you to commit the crime by threatening violence against you.

Additionally, if law enforcement violated your constitutional rights during the investigation, your attorney could try to have certain evidence excluded from the trial. Unlawful searches and seizures, which are a Fourth Amendment violation, are more common than you might expect, and any evidence collected as a result of the police violating your rights should not be permitted in court.

Possible Penalties for a Carjacking Conviction in Maryland

The maximum penalty for carjacking is 30 years’ imprisonment in Maryland. If the incident results in serious bodily injury or death, the penalties can be even harsher. You could also face fines and restitution to compensate for injuries, property damage, or financial loss.

Criminal Law Sec. 14-101 requires longer prison sentences for repeat offenders who are convicted of violent crimes. For example, if you have previous violent offenses on your record, you may automatically face at least 10 years without the possibility of parole. However, the exact penalties can depend on factors like the severity of the crime, the judge’s discretion, and the details of your criminal history.

Contact a Bel Air, MD Carjacking Defense Attorney Today

A carjacking charge does not have to define your future. With the help of the aggressive, experienced, and supportive Towson, MD carjacking defense lawyer at Seger Law, LLC, we can analyze the evidence to challenge the prosecution’s case against you. Call 443-208-4692 today to schedule your free consultation and start building your defense.