What Is Considered Aggravated Vehicular Hijacking Under Illinois Law?

 Posted on October 07, 2025 in Criminal Defense

A charge of vehicular hijacking, often called carjacking, can lead to serious penalties in Illinois. If the situation is more serious or involves certain special factors, the charge can be raised to aggravated vehicular hijacking. This is a Class X felony, one of the most serious offenses under state law. At Law Offices of James F. DiQuattro, our Chicago, IL aggravated vehicular hijacking defense lawyer will help you challenge the charges with the best possible defense strategy.

What Does Illinois Law Say About Vehicular Hijacking?

Under 720 ILCS 5/18-3, vehicular hijacking occurs when someone knowingly takes a vehicle from another person through force or the threat of force. The key detail is that the vehicle is taken directly from a person, not stolen from a parking lot or driveway. For example, forcing a driver out of their car at a stoplight would qualify. However, taking an empty car from a garage would not. Even without other factors, vehicular hijacking is a felony in Illinois. However, the prosecution may try to elevate the charge if they can demonstrate that there were aggravating factors present.

When Does Vehicular Hijacking Become Aggravated in Illinois?

According to 720 ILCS 5/18-4, vehicular hijacking becomes aggravated when it involves more danger or risk to others. This can happen if the victim is under 16, over 60, or has a disability. It can also occur if the act involved a weapon or resulted in someone suffering injuries.

Aggravated vehicular hijacking is always a Class X felony, which, under 730 ILCS 5/5-4.5-25, carries a prison sentence of six to 30 years. If a firearm is used or fired, the sentence can be much longer, possibly even life in prison. Because of these mandatory sentences, judges have very little room to lower the punishment, and probation is not allowed. When the stakes are this high, you need an experienced attorney to help you build a strong defense and fight the prosecution’s allegations.

Possible Defenses for Aggravated Vehicular Hijacking Charges

Being charged does not guarantee a conviction. We can develop a strategy based on the facts of the case and the available evidence. For example, the following are some commonly used defenses in carjacking cases:

• Lack of intent: The state must prove that you meant to take the vehicle by force. If the act was accidental or misunderstood, the charge could be reduced or even dismissed.

• Mistaken identity: The victim might have mistaken you for someone else, especially if the situation was stressful or happened quickly.

• Insufficient evidence: The prosecution might not have strong evidence, like clear video footage or trustworthy witnesses.

• Violation of rights: If police searched you or your property without a valid reason, it may be considered an illegal search. If they pressured you into saying something you did not want to say, that statement might not be permitted to be used against you in court.

We will review every detail of the case, from police reports to witness statements, to find weaknesses in the prosecution’s story. A strong defense betters your chances of reduced penalties. It could even lead to a complete dismissal of the case.

Contact a Cook County, IL Aggravated Vehicular Hijacking Defense Attorney

Attorney James DiQuattro is known for being an accomplished, aggressive, and dedicated advocate. He goes the extra mile for every client. Recognized among Super Lawyers 2025, he has extensive experience defending clients across Cook County. He is dedicated to protecting your right to a fair trial.

If you are facing serious criminal charges, contact Law Offices of James F. DiQuattro today to speak with a Chicago, IL aggravated vehicular hijacking defense lawyer who knows how to work with the laws that govern your case. Call 312-627-9482 to schedule your free consultation.