Carjacking is a type of robbery in which the criminal uses force or the threat of force to take possession and control of an automobile—usually when the victim is inside or near the automobile. Carjacking laws vary from state to state, and are usually located in a state’s penal code. Carjacking is also a federal crime when the stolen vehicle is transported, shipped, or received in interstate or foreign commerce (generally, transported across state lines).
In New York, carjacking is considered a serious crime and is addressed under the state's penal code as a form of robbery. Robbery is defined as forcibly stealing property, and it is classified into degrees, with first-degree robbery being the most serious. Carjacking would typically fall under first-degree robbery if the perpetrator is armed with a deadly weapon, uses or threatens the immediate use of a dangerous instrument, or causes serious physical injury to any person who is not a participant in the crime. The exact charges and penalties can vary based on the circumstances of the crime, including the presence of a weapon and the degree of force or threat used. Additionally, under federal law, carjacking becomes a federal offense if the stolen vehicle is transported across state lines or involves interstate or foreign commerce. This can lead to federal charges, which carry their own set of penalties and are prosecuted by federal attorneys.