Hardly a day goes by when I don’t hear from a friend, colleague, relative or neighbor concerned about crimes involving cars.
Even though I am a judge, I have always been a bit confused about crimes relating to cars because they fall into different categories. There is aggravated and simple robbery, carjacking, car theft, tampering with a motor vehicle, and receiving stolen property. Also confusing to many is why only certain car cases are handled in federal court.
I am not an expert in criminal law as my specialties were in juvenile, family, civil and mental health courts, so I decided to educate myself about how these crimes differ and how they are charged and sentenced in the justice system. I thought it might be helpful to readers of the Hill & Lake Press to find out what I learned.
Like many, I assumed that “carjacking” was a loosely applied term covering the theft of a car and not a crime that could be charged by that name. But in fact, the Minnesota Legislature made carjacking a crime, effective August 1, 2023. Prior to that, cars stolen with force typically were prosecuted as aggravated robberies.
To make matters more complicated, cars stolen with a weapon, force or the threat of force can be charged as either aggravated robbery or carjacking, or possibly both.
However, according to the Minnesota Sentencing Guidelines Commission (the state entity that tracks sentencing trends in serious Minnesota state crimes), there have been no carjacking convictions under Minnesota state law. This may be because the carjacking law is only a year old, or it may be because cases for cars stolen with weapons or force may be resolved with a plea to aggravated robbery, which may be easier to prove than carjacking. The motivation for a plea deal is because a first-degree carjacking conviction has a presumptive prison sentence almost twice that of a first-degree aggravated robbery conviction.
Carjacking and aggravated (and simple) robbery are designated as crimes against a person. But again, it gets complicated, with three degrees of carjacking. First degree carjacking and first degree aggravated robbery occur when a defendant uses or threatens to use a dangerous weapon on the victim to steal the vehicle or when the victim is injured. Second degree carjacking and second degree robbery occur when the defendant implies possession of a dangerous weapon while committing the robbery. Third degree carjacking and simple robbery occur when a defendant uses or threatens to use force to steal the car.
Thefts of cars or catalytic converters are charged as property crimes when there is no direct contact with the owner.
Tampering with a motor vehicle (“Tampering”) and receiving stolen property (“Receiving”) are also designated as property crimes. This can involve breaking a door handle or riding in a stolen vehicle.
What happens to defendants (called respondents in state court) who are convicted of any of the aforementioned crimes? This is when it’s time to give the lawyer’s cautionary advice: It depends.
If the case involves a defendant inflicting serious bodily harm, or death, the case could be prosecuted in federal court. It may seem like a car crime should be just a state crime; however, it is not, because technically cars are considered part of interstate commerce, and as such the federal court also has the authority to handle these cases.
How is it decided which court charges it? This is a big piece to explain!
If convicted in federal court, the defendant will likely be sent to prison for quite a while. The length of the sentence will depend upon the harm caused and the defendant’s criminal history.
If the defendant is convicted in state court, the sentence will depend primarily upon the severity of the offense and the defendant’s criminal history. If it is a crime against a person, and if a dangerous weapon was involved, or if the victim was injured, the presumed sentence is at least some imprisonment.
Property convictions for car offenses (e.g. theft, without the victim present) would most likely result in a prison sentence, but that would probably be stayed as long as the defendant complies with the terms of probation. Probation could include incarceration at the local correctional facility commonly referred to as the “workhouse” and not in a prison.
If the respondent is a juvenile, and many of these cases are committed by juveniles, the respondent could be tried as an adult if the case is serious, or the juvenile could receive a prison sentence that would be stayed as long as the juvenile complied with terms of probation. Hennepin County Juvenile Court has specific programing designed to prevent kids from re-offending, in some cases before being charged. And if charged, the cases are heard quickly to prevent a time lag between hearings. Contrary to public perception, these new initiatives appear to be having a positive impact in reducing these serious car crimes, although it remains a serious problem.
Other conditions of any probationary sentence in adult or juvenile court could include drug treatment or counseling. Restitution for a stolen or damaged car could also be required. Finally, the court could also impose any conditions unique to the individual defendant or juvenile.
In sum, a carjacking conviction in federal court involving a dangerous weapon (especially a gun) and serious bodily harm would likely result in significant prison time in federal prison, mainly if the defendant has a criminal history. The most serious carjacking and aggravated robbery cases tend to be prosecuted in federal court.
A carjacking or aggravated robbery conviction in state court, involving a gun or dangerous weapon, would likely result in at least some state prison time, especially if the defendant has a criminal history.
Property crime convictions, such as auto theft, simple robbery or receiving stolen property, in state court would likely result in a probationary sentence.
The justice system (the court, prosecutors, and defense counsel) struggles to find a solution to the problem of crimes involving cars, whether it’s seasoned thieves stealing catalytic converters, or juvenile carjackers who can barely see over the wheel. As with so many complex problems, there is no easy answer.
