Carjacking in Illinois: Penalties and Defenses

 Posted on November 14, 2025 in Criminal Law

Carjacking in Illinois, especially in the Chicago area, has surged in the past two decades, although there are signs of decline from the peak in 2021. In 2022, Chicago reported 1,655 carjackings, which was more than double the number from 2018, but down about 11 percent from 2021.

Reports from mid-2025 indicate a significant drop, with only 64 carjackings reported between January and June of 2025. Dedicated task forces in Illinois have recovered numerous stolen cars and made a significant number of arrests, and Illinois passed a bill that required car manufacturers to establish a 24-hour hotline for police to track stolen vehicles.

While many people are shocked to find that carjacking is treated as being among the most serious violent felonies in the system, often carrying lengthy prison terms, firearm enhancements, and mandatory minimums. If you are facing carjacking charges or were the "lookout" or someone allegedly involved after the fact, you need a strong, experienced Chicago, IL criminal defense lawyer.

What Are the Illinois Laws that Govern Carjacking?

Carjacking is technically known as vehicular hijacking in Illinois and can be found under 720 ILCS 5/18-3. Aggravated vehicular hijacking is detailed under 720 ILCS 5/18-4. Carjacking involves knowingly taking a vehicle from the person or in the immediate presence of another person through force or the threat of force. Vehicular hijacking is a Class 1 felony that carries a prison sentence of between four and 15 years and a maximum fine of $25,000.

If any of the following occurred during the carjacking, vehicular hijacking charges can be elevated to aggravated vehicular hijacking:

• The person from whom the vehicle was taken is a person with a physical disability or a person who is 60 years old or over.
• A person under the age of 16 was a passenger in the vehicle.
• The carjacker was armed with a dangerous weapon other than a firearm.
• The carjacker was carrying a firearm.
• A firearm was discharged during the commission of the offense by the carjacker.
• A firearm was discharged by the carjacker, causing great bodily harm to the victim.

Aggravated vehicular hijacking is a Class X felony, which carries penalties of between seven years and life in prison, depending on the circumstances, and is generally non-probationary. The presence of a firearm can add another 15 years, the discharge of a firearm can add an extra 20 years, and the discharge of a firearm causing great bodily harm can add 25 years to life onto the base sentence. It is important to note that attempted carjacking is treated almost as harshly as an actual carjacking.  

Why Does Illinois Treat Carjacking More Harshly than Other Theft Crimes?

Carjacking is treated much more severely than other types of theft crimes. Carjacking is considered a violent strike offense because of the vulnerability of the victims. In many cases, a gun or threats are used to intimidate the owner of the vehicle. When carjackings were at an all-time high in Illinois, lawmakers and law enforcement were under significant public pressure to bring those numbers down.

Are There Valid Defenses to Vehicular Hijacking Charges?

A knowledgeable criminal defense lawyer will assess the overall facts and circumstances before determining the right defense. Some of the most common defenses to carjacking include:

• There was no force or threat used.
• There was no intent to permanently deprive the owner of the vehicle.
• The defendant is the victim of mistaken identity.
• The eyewitness testimony is unreliable because of nighttime lighting issues, masked offenders, or cross-racial ID issues.
• The defendant was under duress or coerced in a gang-related recruitment.
• There are Fourth Amendment violations such as an illegal stop, an unlawful search of the vehicle, or an invalid lineup.

Contact an Oakbrook Terrace, IL Felony Offenses Attorney

If you are facing carjacking charges, do not wait, hoping it will work out fine. Carjacking is one of the harshest crimes prosecutors pursue. You need a highly skilled Chicago, IL criminal defense lawyer from Hartsfield Law to investigate the facts, challenge the evidence, and fight aggressively for the best possible outcome. Call 312-345-1700 to schedule your free consultation today.