A carjacking charge in Massachusetts is one of the most serious criminal charges a person can face, carrying up to 20 years in state prison. But being charged is not the same as being convicted, and the right defense strategy can make an enormous difference in how your case turns out.
This blog explains what the law actually says, what the government must prove, what penalties are on the table, and what defenses may be available. Understanding your situation clearly is the foundation for making informed decisions as we advance.
What Is Carjacking Under Massachusetts Law?
Carjacking is governed by Massachusetts General Laws Chapter 265, Section 21A. The law does not use the word “carjacking” in its title. It is officially called “Assault, confinement, etc. of person for purpose of stealing motor vehicle,” but it is commonly referred to as carjacking.
Under the statute, carjacking occurs when a person, with the intent to steal a motor vehicle, does any of the following to another person for the purpose of stealing that vehicle:
- Assaults them
- Confines them
- Maims them
- Puts them in fear
Crucially, the law states that a person can be convicted of carjacking whether or not the vehicle theft succeeds. An attempt is enough. If the alleged victim got away or kept the keys, that does not automatically mean no crime occurred under this statute.
What the Commonwealth Must Prove
To convict someone of carjacking, the prosecution must prove each of the following elements beyond a reasonable doubt:
- The defendant assaulted, confined, maimed, or put a person in fear;
- The defendant did so for the purpose of stealing a motor vehicle; and
- The defendant had the intent to steal the vehicle, meaning the intent to permanently deprive the owner of it.
If the prosecution cannot prove every one of these elements, the defendant must be found not guilty.
How Is Carjacking Different from Motor Vehicle Larceny?
People sometimes confuse carjacking with motor vehicle larceny (car theft). They are very different charges.
Motor vehicle larceny (M.G.L. Chapter 266, Section 28) involves stealing a car without the owner’s consent but without directly confronting a person through assault, confinement, or putting someone in fear. Think of stealing a car from a parking lot when no one is around.
Carjacking, by contrast, requires a confrontation with a person. The taking must involve assault, confinement, maiming, or putting someone in fear. This person-to-person element is what distinguishes carjacking from ordinary car theft and what makes it so much more serious under the law. Motor vehicle larceny is itself a serious felony, but carjacking carries far harsher penalties because of the threat or use of force against a human being.
Typical Scenarios
Understanding how carjacking charges actually arise can help put the law in context.
- Scenario 1: A person approaches a driver stopped at a red light, demands the keys while making a threatening gesture, and takes the vehicle. Even if no weapon is shown, this is a carjacking because the driver was “put in fear” for the purpose of stealing the car.
- Scenario 2: Someone forces a driver out of their car in a parking lot and drives away. The victim is physically confronted, and the vehicle is taken. This is a classic carjacking.
- Scenario 3: A person points a firearm at a driver and demands the car. This is armed carjacking with a firearm, the most serious version of the charge.
- Scenario 4: A person grabs a driver’s door handle and demands the car, but the driver speeds away. The defendant may still be charged with carjacking, because the law covers attempts where the theft is not completed.
Penalties: What You Are Facing
Carjacking is a felony in Massachusetts. The penalties vary significantly depending on whether a weapon was involved.
Unarmed Carjacking
- Up to 15 years in state prison, OR
- Up to 2½ years in a house of correction (a county jail)
- A fine of $1,000 to $15,000
Armed Carjacking (dangerous weapon other than a firearm)
- Up to 20 years in state prison, OR
- 1 to 2½ years in a house of correction
- A fine of $5,000 to $15,000
RMV (Registry of Motor Vehicles) Consequences
A conviction under G.L. c. 272, § 53 does not automatically trigger a driver’s license suspension. However, if you were also required to register as a sex offender and then fail to register, that failure can result in license suspension by the RMV.
Armed Carjacking with a Firearm
- A mandatory minimum of 7 years in state prison, with a maximum of 20 years
- This mandatory minimum means the judge cannot impose a shorter sentence, regardless of circumstances
The mandatory minimum sentence for a firearm offense cannot be reduced or waived by a judge, and it cannot be served on probation.
Where These Cases Are Heard
Armed carjacking cases are typically prosecuted in Superior Court, which has broader sentencing authority. Unarmed carjacking may also land in Superior Court given the potential 15-year maximum.
Related Charges: What Often Comes With a Carjacking Case
Carjacking rarely comes alone. Prosecutors frequently charge additional offenses alongside carjacking, including:
- Armed Robbery (M.G.L. c. 265, §17) — if property other than the vehicle was taken
- Unarmed Robbery (M.G.L. c. 265, §19) — robbery by force or fear of another’s property; carries up to a life sentence
- Assault and Battery / Assault and Battery with a Dangerous Weapon (M.G.L. c. 265, §13A/15A) — if the victim was physically struck
- Kidnapping (M.G.L. c. 265, §26) — if the victim was forced to remain in the vehicle
- Firearms charges — if a firearm was possessed or used
A note on unarmed robbery involving elderly victims: Under M.G.L. Chapter 265, Section 19(a), robbery committed against a person 60 years of age or older is punishable by life imprisonment. If the alleged victim of a carjacking is a senior citizen, prosecutors may add this charge, dramatically increasing exposure.
Facing multiple charges also creates opportunities for an experienced defense attorney to negotiate, challenge individual charges, or seek dismissal of some counts.
Pretrial Detention: Can You Be Held Without Bail?
Carjacking is considered a violent crime, and the Commonwealth can move for dangerousness detention under M.G.L. Chapter 276, Section 58A. This means the prosecutor can ask the court to hold the defendant without bail before trial, arguing that no conditions of release would reasonably ensure the safety of the community.
A dangerousness hearing gives both sides an opportunity to present evidence. The prosecution must prove dangerousness by “clear and convincing evidence,” a standard lower than that required at trial.
Having a lawyer at the arraignment and bail hearing is critical. A skilled criminal defense attorney can argue for reasonable bail conditions and push back against pretrial detention.
Related Charges: What Often Comes With a Carjacking Case
1. Mistaken Identity
Carjacking cases often happen quickly, at night, under stressful conditions. Eyewitness identifications are notoriously unreliable. If the identification was based on a brief glimpse, a suggestive lineup, or a description that fits many people, the defense can challenge the accuracy of the identification.
2. Lack of Intent to Steal
The prosecution must prove that the defendant intended to permanently steal the vehicle. If the facts show the defendant intended only a temporary use, that may negate the element of “intent to steal.” This is a nuanced argument that requires careful factual development.
3. Lack of Force or Fear
The prosecution must prove the defendant assaulted, confined, maimed, or put the alleged victim in fear. If the encounter was ambiguous, or if the alleged victim had no reasonable basis to fear, this element may be challenged.
4. Consent
If the alleged victim gave permission for the defendant to use the vehicle, there is no carjacking. While this defense is rarely airtight on its own, it can be powerful when combined with evidence of a prior relationship between the parties.
5. Duress
If the defendant was forced to participate in the carjacking because they were themselves being threatened with immediate serious harm, the defense of duress may be available. This defense requires specific facts and is difficult to establish, but it is a recognized defense in Massachusetts.
6. Alibi
If the defendant was somewhere else when the carjacking occurred, an alibi defense supported by witnesses, surveillance footage, phone records, or other evidence can directly undermine the prosecution’s case.
7. Constitutional Violations
Evidence obtained through an unlawful stop, search, or arrest may be suppressed, meaning the court throws it out. If the prosecution’s case rests on improperly obtained evidence, a motion to suppress can severely weaken or even end the case.
Collateral Consequences: The Impact Beyond Prison
A felony carjacking conviction carries consequences that extend well beyond any prison sentence.
Driver's License / RMV Consequences
Carjacking itself does not carry a specific automatic license suspension under Massachusetts RMV rules. However, if the conviction involves related motor vehicle or firearms charges, those may trigger separate RMV consequences. An attorney should review the full picture of charges and their RMV implications.
Immigration Consequences
For anyone who is not a United States citizen, including lawful permanent residents, visa holders, and people with temporary protected status, a carjacking conviction can be significant. Carjacking involves assault or placing a person in fear and may be classified as an aggravated felony under federal immigration law. Aggravated felony convictions can lead to:
- Mandatory deportation/removal
- A permanent bar from returning to the United States
- Loss of eligibility for asylum or relief from removal
- Denial of naturalization and a permanent bar to showing good moral character
Even a guilty plea with no jail time can trigger these consequences. If the defendant is not a U.S. citizen, it is essential that the defense attorney coordinate with an immigration attorney before any plea or trial decision is made.
Employment
A felony conviction will appear on background checks and can disqualify a person from many jobs, professional licenses, and government positions.
Housing
A felony conviction can affect eligibility for public housing and some private housing.
Civil Liability
Victims of carjacking may bring civil lawsuits for damages, including medical bills, property damage, lost wages, and emotional distress. A criminal conviction can be used as evidence in a civil case.
Firearms Rights
A felony conviction permanently disqualifies a person from lawfully owning or possessing a firearm under both Massachusetts and federal law.
Steps to Take If You or a Loved One Has Been Charged
1. Do Not Speak to Police Without a Lawyer
Anything you say can and will be used against you. Politely decline to answer questions and ask for a lawyer immediately. Speaking without counsel almost never helps and can significantly hurt a case.
2. Retain an Experienced Criminal Defense Attorney as Soon as Possible
The earlier an attorney gets involved, the more they can do, including investigating the facts, challenging the arrest, appearing at bail hearings, and identifying defenses before the case develops further.
3. Preserve Evidence
If there is any evidence that supports your version of events, including surveillance footage, phone records, witnesses, or receipts showing where you were, act quickly to preserve it. Evidence can disappear.
4. Understand the Process
Carjacking cases typically proceed through arraignment, bail hearing, pre-trial motions, and, if not resolved earlier, trial. Understanding each stage helps you make informed decisions alongside your attorney.
Experienced Legal Representation Matters
A carjacking charge carries serious consequences, including years in prison, a felony record, potential immigration consequences, and loss of employment. The outcome of your case is not predetermined, and a strong defense can make a real difference.
At the Law Office of Matthew W. Peterson, we provide vigorous, thoughtful representation at every stage of the criminal process. We approach every case without judgment and with a commitment to protecting your rights.
If you or a loved one has been charged with carjacking or a related offense in Massachusetts, contact our office today for a confidential strategy session.
This blog is for general informational purposes only and does not constitute legal advice. Every case is different. Please contact an attorney to discuss the specific facts of your situation.
