In the state of Pennsylvania, there is a distinction between theft of a motor vehicle and robbery of a motor vehicle. Theft by unlawful taking is defined under 3921 of the Pa criminal code. access device fraud It states that a person commits this offense if an individual is guilty of unlawfully taking, or exercising unlawful control over, movable property of another with intent to deprive thereof. Theft of a motor vehicle is a felony of the third degree and with it comes a sentence of up to seven years in a state prison. Motor vehicle robbery is defined under section 3702 of the Pa criminal code. It is defined as the stealing or taking a motor vehicle from another person in the presence of that person or any other person in lawful possession of the motor vehicle. This act is often referred to as carjacking and is a more serious offense than theft by unlawful taking. Carjacking is a felony of the first degree and is punishable by a sentence of up to 20 years incarcerated in a state prison.
Essentially the difference between theft of a motor vehicle and carjacking comes down the presence of another individual at the time the theft took place. If there is no one present, it is theft by unlawful taking, and if there is another individual present, it is robbery of a motor vehicle. In addition, there are also mitigating factors that may be present at the time the offense took place. If in the course of the carjacking an individual used a weapon or threatened to use a weapon, more time can be added to the sentence. cyber crime It boils down to the same difference as burglary and robbery. Both are serious offenses, but one is punished more harshly due to the fact that another individual was present at the time the offense took place. Due to the seriousness of the offenses, it is important to seek legal representation if you have been accused of either type of motor vehicle theft. The attorneys at The Law Offices of Kelly and Conte are experienced attorneys who will fight to get the best possible resolution of your case.