HACKENSACK, NJ - Individuals charged with carjacking in New Jersey face 10 to 30 years in state prison with mandatory service of at least 85% of the sentence before parole eligibility. New Jersey carjacking defense attorney Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/carjacking-lawyer/) is guiding clients through the severe penalties, the legal elements prosecutors must prove, and the defense strategies available to those facing these first-degree charges.

According to New Jersey carjacking defense attorney Adam M. Lustberg, the offense is defined under N.J.S.A. 2C:15-2. It requires both the unlawful taking of a motor vehicle and one of four aggravating circumstances: use of force, threat of force, commission of another serious crime, or retention of vehicle occupants. "Prosecutors must prove every element of carjacking beyond a reasonable doubt," explains Lustberg. "Without the violent element, the offense may be charged as motor vehicle theft instead, which carries significantly lower penalties."

New Jersey carjacking defense attorney Adam M. Lustberg emphasizes that the No Early Release Act applies to all carjacking convictions, requiring defendants to serve at least 85% of their prison sentence before becoming eligible for parole. For a 10-year sentence, this means 8.5 years in prison. A third conviction for qualifying enumerated violent offenses under New Jersey's three strikes statute triggers life imprisonment without parole.

Attorney Lustberg notes that several defense strategies may apply depending on the circumstances of each case. If the defendant had permission to use the vehicle, there was no unlawful taking. If no force or threat was used during the taking, the charge may be reduced to third-degree motor vehicle theft rather than first-degree carjacking. "The victim's proximity to the vehicle at the time of the taking is also a critical element," Lustberg adds. "Under State v. Jenkins, carjacking generally requires that the victim be an occupant or otherwise in possession or control of the vehicle."

The firm handles carjacking cases throughout Bergen County Superior Court, Hudson County Superior Court, and courts across New Jersey. Prosecutors typically file detention motions seeking to hold defendants charged with carjacking without bail pending trial. The detention hearing, held within three business days of arrest, is critical to securing pretrial release.

Lustberg advises that carjacking cases often involve additional charges, including robbery, kidnapping, aggravated assault, terroristic threats, or weapons offenses. "Each charge carries its own sentence, and judges have discretion to impose consecutive or concurrent terms," he explains. "The stakes in these cases are extremely high, affecting not only immediate freedom but also long-term consequences, including permanent felony records and immigration status."

Constitutional and procedural defenses may also apply to carjacking cases. Evidence obtained through illegal traffic stops, warrantless searches, or Fourth Amendment violations may be suppressed. Statements made during custodial interrogation without proper Miranda warnings cannot be used at trial. Eyewitness identifications obtained through suggestive procedures may be challenged under State v. Wade. "If any element cannot be proven, the charge should not result in a conviction," observes Lustberg.

For those facing carjacking charges in New Jersey, contacting an experienced criminal defense attorney may help identify weaknesses in the prosecution's case and build an effective defense strategy.

About Lustberg Law Offices, LLC:

Lustberg Law Offices, LLC is a Hackensack-based law firm focused on criminal defense, including first-degree felony charges, carjacking, armed robbery, and weapons offenses. Led by attorney Adam M. Lustberg, the firm represents clients throughout Bergen County, Hudson County, and New Jersey. For consultations, call (201) 880-5311.

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Website: https://www.lustberglaw.com/

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Company Name: Lustberg Law Offices, LLC
Contact Person: Adam M. Lustberg
Email: Send Email
Phone: (201) 880-5311
Address:1 University Plaza Dr #212
City: Hackensack
State: New Jersey 07601
Country: United States
Website: https://www.lustberglaw.com/

 

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