Carjackings perpetrated by juveniles have exploded during the pandemic. According to reports from outlets like NPR, even children as young as 12 or 13 are involved in these violent crimes. This surge in carjackings is being called an epidemic, as experts look for the cause of why so many juveniles are making their way into the criminal justice system and how to curb the increase in both carjackings and joyrides.

NPR reports that one reason for the surge in criminal activity could be the increased anonymity provided from wearing a mask for COVID-19 reasons. “Sometimes, it’s about the thrill of a joyride,” said Chicago Police Superintendent David Brown, “or it may be stealing a car in order to commit other crimes like robbery or shootings anonymously.”

Further, says NPR, “Even more critical are the number of young car thieves, some as young as 12 or 13. In Minneapolis, for example, there were 405 carjackings last year — more than triple the number in 2019. The suspects arrested were often juveniles between the ages of 11 and 17.”

Although the words “joyride” and “carjacking” are often used interchangeably, this is a difference – and it’s a big one. Both are a form of motor vehicle theft, but one is a property crime and one is a crime against the person. This difference can greatly affect the outcome of your or your child’s case.

What is carjacking?

Tennessee criminal code defines carjacking as “the intentional or knowing taking of a motor vehicle from the possession of another by use of: (1) A deadly weapon; or (2) Force or intimidation.” Further, the crime of carjacking is a Class B felony. This is because carjacking is considered a violent crime due to the deadly weapon and force aspects. Carjacking is a separate crime than robbery, as carjacking does not require the state to prove that the person taking the vehicle was intending to deprive the owner of the car.

What is joyriding?

Joyriding is described under Tennessee criminal code as taking “another’s automobile, airplane, motorcycle, bicycle, boat or other vehicle without the consent of the owner and the person does not have the intent to deprive the owner thereof.” A joyriding charge does not require that a person use a deadly weapon, force, or intimidation during the taking of the vehicle – it falls under “unauthorized use” rather than theft. Joyriding is a Class A misdemeanor.

It is important to note that there is an additional “unauthorized use” statute that comes into play with rental vehicles. Fraudulently renting a vehicle or failing to return a vehicle according to rental terms can result in criminal charges under Tennessee criminal code, which is a Class E felony.

What are the penalties for carjacking and joyriding in Tennessee?

The penalties for a conviction on charges of unauthorized use of a vehicle will depend on the specifics of your case. However, misdemeanor charges for joyriding or vehicle theft can result in up to 11 months and 29 days in jail, and up to $2,500 in penalties. Felony charges are even more serious, especially when weapons or injuries are involved. Convictions can carry up to 30 years in prison and up to $25,000 in fines.

As you can see, there is a world of difference in penalties between joyriding and carjacking. It is critical to have the right criminal defense attorney on your side to ensure that overzealous prosecutors do not overcharge with carjacking when an offense fits the elements of joyriding or less.

The Sevierville criminal defense attorneys at Delius & McKenzie, PLLC fight for our clients. We build a strong case in your defense, negotiate pleas, reduced charges, and work for acquittals. Our legal team represents defendants in Sevierville, Seymour, Gatlinburg, Pigeon Forge, and surrounding Tennessee locations. To discuss your case, call us at 865-428-8780 or fill out our contact form.