CARJACKING: CHICAGO’S NEW PANDEMIC

Since the beginning of 2020, it’s been happening all over the city, to all types of Chicagoans, and in all types of ways: Carjacking. Legally known under the Illinois Criminal Code as vehicular hijacking and vehicular invasion. In 2020, there were more than 1,462 carjackings, up from 609 in 2019. That’s a 135% increase in one year. Carjackings occurred at a rate of 4 per day in 2020 with all 22 police districts in the city experiencing a rise in carjackings. This year doesn't look any better, in fact, it’s on track to be worse. To date, we have 708, compared to 416 at the same time last year. How and why are these crimes occurring? More importantly, what is the criminal consequences for carjacking in Cook County, Illinois?   HOW ARE CARJACKINGS HAPPENING IN CHICAGO?   A simple google search for “carjacking in Chicago” reveals the variety of situations in which carjackings occur:   ● “Bald Teens Yanking People From Cars In Douglas Carjackings” ● “Five Young Kids Try To Steal Woman’s Car But Can’t Figure Out Ignition” ● “Lawndale Teen In Custody After Carjacking State Trooper in Cicero.” ● “Woman Punched in the Face By Carjackers in Hyde Park” ● “Chicago Bear Kevin White’s Maserati Found After Being Carjacked” ● “Uber Driver Carjacked on Lake Shore Drive” ● “Carjacker Takes Off With Victim’s Pet Rabbit In Front Seat”   As these headlines suggest, carjackings are often done in groups and can be very violent. According to the Chicago Police Department Community Policing Release “Carjacking: What You Should Know, ” carjackers commonly use two scenarios to carry out a vehicular hijacking. The “Bump and Run” and the “Stranded Motorist.” In the “Bump and Run” scenario your car is rear-ended. When you go to access the damage, a passenger from the other car jumps in and takes off with your vehicle. In the “Stranded Motorist,” a person acts like they are stranded along the road and in need of help. When you stop to assist, you get carjacked. So much for being a good samaritan.   WHERE ARE PEOPLE GETTING CARJACKED?   Carjackings are happening all over the city. Every zip code in the city experienced at least one carjacking in 2020. Every police district saw dramatic increases in the rates of vehicular hijacking/invasion in 2020. On the Westside, Near West, Gresham, and Harrison districts, carjackings doubled, with each having more than 100 carjackings than in 2020. On the northside, in the Town Hall District, which covers parts of Lincoln Park, Lake View, Uptown, and Ravenswood, carjackings tripled. This district had 38 carjackings, as compared to 11 in 2019. Overall, the highest increase in carjacking incidents occurred on the Southside and Westside of the city. In 2021, there appears to be an increase in these crimes occurring in downtown areas like River North or Fulton Market.   UBER CARJACKINGS   Rideshare drivers were particularly vulnerable to carjackings in Chicago in 2020 as compared to years prior. The number of carjackings jumped drastically from one each year in 2018 and 2019 to sixteen in 2020. Of those sixteen incidents, thirteen incidents involved guns, two involved knives or sharp objects, and 3 had the rideshare driver physically overpowered without a weapon involved. Things are not getting better in 2021. In response to carjackers shooting an Uber driver and leaving him braindead earlier this month, Chicago Police issued a warning to rideshare drivers after an increase of incidents with rideshare drivers since May 21, 2021.   TYPES OF CARS CARJACKED   Are thieves targeting high-end cars like Mercedes, Bentleys, BMWs, and others? Not really. The most often carjacked cars are simply the most common cars on the market: Ford, Toyota, Nissan, Honda and Chevrolet.   ARRESTS: THE STATISTICS   The Chicago Police Department’s 2020 crime statistics date shows 215 cases (366 arrested individuals) resulted in arrests out of the 1,462 carjacking cases in 2020. That’s only a 15% clearance rate of carjacking cases versus arrests. Of that 15%, most arrestees came from the same Southside and Westside that saw the highest increase in carjackings in 2020.   Juveniles are overrepresented as offenders in this category. More than half of those arrested for vehicular hijacking/invasion were under the age of 18, the youngest of those arrestees being only 10 (though the oldest offenders were in their mid-50s).   CARJACKING: OFFENSES & PUNISHMENT   There is no such thing as carjacking under Illinois criminal law. That term encompasses a broad amount of criminal offenses dealing with auto theft. Colloquially, it refers to taking someone’s car by force. It does so legally as well. The term carjacking implies theft of a car by force or the threat of force and therefore the applicable Illinois criminal offense(s) are (Agg) Vehicular Hijacking and (Agg) Vehicular Invasion.   In Illinois, Vehicular Hijacking is defined as: A person commits vehicular hijacking when he or she knowingly takes a motor vehicle from the person or the immediate presence of another by the use of force or by threatening the imminent use of force.   Vehicular Hijacking is a class 1 felony. Probation is not an option. Mandatory 4-15 year sentence.   Vehicular Hijacking becomes Aggravated Vehicular Hijacking under the following circumstances: ● The victim is 60 years or older/disabled (Class X felony- 6-30 years) ● There is a passenger under 16 (Class X felony- 6-30 years) ● Defendant armed with a dangerous weapon other than a firearm (Class X felony- 7-30 years) ● Defendant armed with a firearm (Class X felony- 21-year minimum) ● Defendant discharges a firearm (Class X felony-26 year minimum) ● Defendant causes great bodily harm or death of another (Class X felony- 32-year minimum)   The other most applicable offense to carjackings under Illinois law is Vehicular Invasion. Vehicular Invasion is defined as, “when he or she knowingly, by force and without lawful justification, enters or reaches into the interior of a motor vehicle while the motor vehicle is occupied by another person or persons, with the intent to commit therein a theft or felony.” Vehicular Invasion is a Class 1 felony that is not eligible for probation and carries 4-15 years in prison.   CONCLUSION Vehicular Hijacking, Vehicular Invasion, carjacking, whatever you want to call it, is a major issue plaguing Chicago. For those arrested for these offenses, the stakes are extremely high. If you or a loved one faces a vehicular hijacking or vehicular invasion felony offense, as well as any auto theft felony offense, call criminal defense attorneys at Robert Callahan & Associates. Our firm has substantial experience in auto theft felony, as well as all types of criminal matters from Driving Under the Influence to First Degree Murder. Call us now at 312 322 9000. carjacking, stolen cars