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We read on a regular basis about alleged carjacking in Phoenix and surrounding areas in Arizona. The term is used to describe numerous actions, usually involving commandeering a vehicle being driven by another person.
A recent example is the headline in a Fox article entitled “Woman carjacked, police chase suspect for miles.” What allegedly took place is that a woman left her car with the keys in it in front of an elementary school in Chandler with her young daughter remaining in the vehicle. The suspect jumped into the car and took off, although the daughter safely jumped out. Was this really a carjacking, or a stolen car and/or potential kidnapping case?
The answer is that under the Arizona Criminal Code, there is no distinct offense known as carjacking. Let’s assume a suspect approaches a car brandishing a weapon, tells the driver to get out, jumps in the car and takes off. What are the potential charges? Depending upon the specifics, here is what you can expect:
- Armed robbery. Under A.R.S. 13-1904, armed robbery is robbery while armed with a deadly weapon. This is a class 2 felony.
- Theft. The theft of a means of transportation is a class 3 felony.
- Aggravated assault. A.R.S. 13-1294 defines aggravated assault, among other things, as assault with a deadly weapon. This is generally a class 3 felony.
Additional charges, depending again upon the specifics of the case, could include kidnapping, ordinarily a class 2 felony.
In the recent case in Chandler, there was no weapon involved, nor was the driver present at the time the man supposedly snatched the car. On the other hand, police say the suspect led them on a wild chase, during which he rammed the same police car twice. His initial charges were aggravated assault (based on the crashes during the chase), felony flight from law enforcement, and driving under the influence (DUI). The report we read says that kidnapping charges may also be filed.
The lesson here is that even though carjacking is not a separate, definable offense in Arizona, any series of actions that could generally fit the standard definition will, in all likelihood, include a number of separate crimes under the Criminal Code, most of which are felonies.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028
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