Carjacking — Florida § 812.133

Under Florida Statute § 812.133, carjacking is a first-degree felony punishable by up to life imprisonment. Carjacking with a firearm triggers Florida’s 10-20-Life mandatory minimums under § 775.087 — 10 years minimum even with no injury, up to life. The statute requires taking a motor vehicle from a person by force, violence, assault, or putting in fear — making it essentially a robbery where the target is a vehicle. Carjacking is a mandatory scoresheet prison offense — the defense strategy must start the moment of arrest.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

What Is Carjacking Under Florida Law?

Florida § 812.133 defines carjacking as taking a motor vehicle which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or owner of the motor vehicle, when in the course of the taking there is the use of force, violence, assault, or putting in fear. Three elements must be proven: (1) taking a motor vehicle, (2) from the person or custody of another, and (3) using force, violence, assault, or putting in fear during the taking. The statute mirrors Florida’s robbery statute (§ 812.13) — except the target is a vehicle instead of money or general property. This means all the defenses available in robbery cases — misidentification, the force element, the weapon element — apply equally to carjacking.

What Are the Penalties for Carjacking in Florida?

Charge	Statute	Degree	Max Prison	Mandatory Minimum
Carjacking (no weapon)	§ 812.133	1st Degree Felony	Life	None
Carjacking with a deadly weapon (not firearm)	§ 812.133 + § 775.087	1st Degree Felony (Life)	Life	None
Carjacking with a firearm (possession)	§ 812.133 + § 775.087	1st Degree Felony (Life)	Life	10-year mandatory minimum
Carjacking — firearm discharged	§ 812.133 + § 775.087	1st Degree Felony (Life)	Life	20-year mandatory minimum
Carjacking — firearm, injury or death	§ 812.133 + § 775.087	1st Degree Felony (Life)	Life	25 years to life

Carjacking without a weapon still carries a life maximum and scores as a first-degree felony on Florida’s Criminal Punishment Code at 74 points — a number that alone often generates a mandatory state prison sentence under the guidelines. With prior record and victim injury points, first-time carjacking defendants regularly face guidelines ranges of 10-20 years even without firearm enhancements.

What Is the Difference Between Carjacking and Grand Theft Auto in Florida?

The difference is the force element. Grand theft auto under § 812.014 is taking a vehicle without force — a third-degree felony with a 5-year maximum (second-degree, up to 15 years, if the vehicle is worth $20,000 to $100,000). Carjacking under § 812.133 is taking any motor vehicle — regardless of value — using force, violence, assault, or putting the victim in fear. The presence of a person and the use of force is what converts a property crime into a violent first-degree felony with life exposure. A vehicle stolen from an empty parking lot is grand theft auto. Taking it from the driver through intimidation or a physical confrontation is carjacking.

Does 10-20-Life Apply to Carjacking With a Firearm?

Yes — Florida’s § 775.087 mandatory minimum firearm sentencing applies to carjacking when a firearm is used. Possession of a firearm during the carjacking = 10-year mandatory minimum. Discharge of the firearm = 20-year mandatory minimum. Injury or death resulting from the discharge = 25 years to life mandatory. These minimums are non-negotiable without prosecutorial agreement to modify or drop the firearm allegation. The judge has zero discretion once the firearm element is proven — which is why challenging the firearm evidence aggressively from the beginning of the case is essential.

How Are Carjacking Cases Typically Investigated and Prosecuted in Polk County?

Investigations in the 10th Judicial Circuit typically involve: surveillance footage from the area of the taking, cell phone location data, victim identification testimony, and co-defendant cooperation. Carjacking cases frequently involve multiple defendants — the driver, the person who takes the vehicle, and sometimes a third person on lookout — and the State often relies on one co-defendant to testify against the others in exchange for a reduced charge. This means co-defendant testimony is a central evidentiary issue in most Polk County carjacking prosecutions. I evaluate every co-defendant’s deal, motive, and prior statements when building the defense.

What Are the Best Defenses to Carjacking in Florida?

Was There a Mistaken Identity or Unreliable Eyewitness Identification?

Carjacking victims experience acute stress during the crime — limited observation time, elevated cortisol, and often poor lighting conditions. These factors reliably degrade eyewitness accuracy. The leading cause of wrongful convictions in the United States is eyewitness misidentification, and carjacking cases — with their high-stress, fast-moving dynamics — are among the most vulnerable to identification error. I scrutinize every identification procedure: the composition of the photo lineup, the administrator’s conduct, any prior exposure between the witness and the defendant, and whether the witness made inconsistent prior identifications.

Can the Force Element Be Challenged?

Force, violence, assault, or putting in fear must occur “in the course of the taking” under § 812.133. If the taking was completed before any force occurred — for example, the vehicle was already taken and the occupant was not present when force was used — the force element may not be satisfied. If the alleged victim was not “in the custody” of the vehicle at the moment of the taking (they had walked away, were not near the vehicle, or did not have immediate control over it), the “from the person or custody” element is challengeable. These technical distinctions between robbery/carjacking and theft are worth examining in every case.

Was the Alleged Weapon a Real Firearm Under Florida Law?

Under § 790.001, a “firearm” must be capable of expelling a projectile by action of an explosive. A replica, toy, BB gun, or imitation firearm does not qualify as a “firearm” for 10-20-Life purposes — though it may qualify as a “deadly weapon” for the base carjacking charge. If the State cannot prove the actual nature of the alleged weapon — because it was never recovered — the firearm mandatory minimum may not be provable beyond a reasonable doubt. This is one of the most consequential factual battles in any armed carjacking case: the difference between a 10-year mandatory minimum and no mandatory minimum at all.

Is Co-Defendant Testimony Credible and Reliable?

When the State’s case depends on a co-defendant who received a plea deal in exchange for testimony, that witness’s credibility is what the defense targets. Florida courts allow extensive cross-examination of cooperating witnesses on: the nature of their plea deal, prior inconsistent statements, criminal history, motive to lie, and prior cooperation with law enforcement. A co-defendant who was equally or more culpable than the defendant, testifying under a cooperation agreement that reduced their sentence from life to probation, has the most powerful self-interest motive to tailor their testimony to what the prosecution needs. I expose that motive in every case where cooperating testimony is the State’s primary evidence.

Frequently Asked Questions — Carjacking Defense in Florida

What is the penalty for carjacking in Florida?

Carjacking under § 812.133 is a first-degree felony with a maximum of life imprisonment. With a firearm, § 775.087 (10-20-Life) applies: 10-year mandatory minimum for possession, 20-year mandatory minimum for discharge, 25 years to life for injury or death. Even without a weapon, the life maximum and mandatory scoresheet points typically require a state prison sentence under the guidelines.

What is the difference between carjacking and grand theft auto in Florida?

Grand theft auto under § 812.014 is taking a vehicle without force — a property crime with a 15-year maximum for vehicles over $20,000. Carjacking under § 812.133 is taking a vehicle using force, violence, assault, or putting the victim in fear — a violent first-degree felony with life exposure. The presence of a person and the use of force is what converts the charge from a property offense to a life felony.

Is carjacking a mandatory prison offense in Florida?

Yes. Carjacking scores as a first-degree felony on Florida’s Criminal Punishment Code at 74 points — a number that by itself generates a mandatory guidelines prison sentence for most defendants. Any prior record, victim injury points, or firearm enhancements push the scoresheet total well above the threshold where probation is available. A first-time carjacking defendant with no prior record, no weapon, and no injury can still face a guidelines minimum of 5-10 years in state prison.

Can carjacking charges be reduced to a lesser offense?

Yes — in appropriate cases. Carjacking can be reduced to robbery (if the vehicle element is at issue), grand theft auto (if the force element is weak), or robbery by sudden snatching. Weapon charges can be reduced from firearm-armed to weapon-armed (eliminating 10-20-Life) when the nature of the weapon is genuinely disputed. These reductions happen through plea negotiation when the State has evidentiary vulnerabilities, or at trial through acquittal on greater charges and conviction on lesser included offenses.

What should I do immediately after a carjacking arrest in Polk County?

Exercise your right to remain silent immediately — do not give any statement to law enforcement about your whereabouts, your knowledge of the vehicle, or the people involved. Carjacking investigations move within hours of arrest: detectives will attempt lineup identifications, phone extractions, and co-defendant interviews simultaneously. Call a criminal defense attorney before any lineup participation or recorded statement. The first 24-48 hours are critical to the outcome of a carjacking case.

Carjacking vs. Grand Theft Auto vs. Robbery: Key Differences

Florida recognizes three distinct property offenses involving vehicles, and the charging decision makes an enormous difference in outcome. Grand theft of a motor vehicle under § 812.014 is a third-degree felony carrying up to 5 years — it requires taking a vehicle without consent but no force or threat. Robbery under § 812.13 requires taking property from a person by force, violence, or putting in fear — it is a second-degree felony with up to 15 years (or first-degree with a deadly weapon). Carjacking under § 812.133 is specifically robbery where the target property is a motor vehicle — it is a first-degree felony with up to life, and a firearm triggers 10-20-Life mandatory minimums.

The elevation from robbery to carjacking happens automatically when the vehicle is the target. Prosecutors will charge carjacking over robbery whenever a vehicle is involved because the sentence exposure is dramatically higher. I challenge that charging decision early. When the force used was minimal or ambiguous, or when the victim’s account of being “in fear” is not supported by the physical evidence, there is room to negotiate the charge down to robbery or even theft — which changes the sentencing calculus entirely.

10-20-Life and Mandatory Minimums in Carjacking Cases

Under Florida’s 10-20-Life statute at § 775.087, a firearm in a carjacking triggers mandatory minimum sentences that the judge cannot waive. Possession of a firearm during a carjacking: 10-year mandatory minimum. Discharge of the firearm: 20-year mandatory minimum. Death or great bodily harm resulting from discharge: 25 years to life mandatory minimum, served day for day with no gain time. They are statutory floors below which no judge can go without the State’s agreement to a lesser charge. The only way around 10-20-Life is to defeat the firearm element at trial or negotiate the charge to an offense that does not trigger the enhancement. I have done both.

Co-Defendant Liability and Principal Theory

One of the most dangerous aspects of carjacking prosecutions is the principal theory under § 777.011. Under Florida law, if you are present at the scene of a carjacking and assist, aid, abet, or counsel the commission of the crime — even without personally taking the vehicle — you are guilty as a principal in the first degree and subject to the same sentence as the person who actually committed the act. I have defended clients who were passengers in the getaway car and did not touch the victim’s vehicle, but who were charged and convicted as principals. The State’s theory is simple: you were there, you knew what was happening, and your presence provided support. The defense requires evidence cutting against that theory — demonstrating no advance knowledge, no agreement, no overt act in furtherance of the crime.

Eyewitness Identification Issues in Carjacking Cases

Carjackings happen fast — often in low light, under extreme stress, with the victim focused on the weapon rather than the perpetrator’s face. Yet eyewitness identifications from carjacking victims are frequently the primary evidence connecting a defendant to the crime. Florida courts recognize the reliability problems with eyewitness testimony. Under State v. Henderson and Florida’s own jury instructions, I routinely file motions to suppress or limit identification testimony when: the identification procedure was suggestive (single-photo showup rather than blind lineup); the witness’s certainty was low at the time of identification but increased later; the viewing conditions were poor; or significant time passed between the event and the identification. An uncorroborated eyewitness identification in a carjacking case is not an automatic conviction — it is a defense opportunity.

Mandatory Prison and the Sentencing Scoresheet

Even without 10-20-Life, carjacking under § 812.133 scores as a Level 8 offense under Florida’s Criminal Punishment Code. A single carjacking conviction with no prior record produces a scoresheet total that presumptively requires a minimum of 97.2 months — over 8 years — in state prison absent a downward departure finding. Add a co-defendant, a weapon, or a prior felony conviction, and the scoresheet minimum goes higher. Any negotiation in a carjacking case must account for the scoresheet reality. I calculate the exact scoresheet on every case before I advise my client on any plea offer — because accepting a plea without knowing the mandatory scoresheet result is malpractice.

Related Practice Areas

• Violent Crimes Defense — Overview
• Robbery & Armed Robbery — § 812.13
• Home Invasion Robbery — § 812.135
• Burglary Defense — § 810.02
• Weapons & Firearms Charges
• Theft Charges — § 812.014