Fla. Stat. § 812.133
Carjacking in Florida
Carjacking is robbery of a vehicle — and it carries the same severe, up-to-life exposure. Here is what separates it from ordinary auto theft.
Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183).
Last reviewed: June 2026
Robbery of a Vehicle
Under § 812.133, carjacking is taking a motor vehicle from a person or their custody using force, violence, assault, or by putting them in fear. It is essentially robbery, but of a vehicle — and the force-or-fear element is what separates it from ordinary auto theft.
The Governing Statute
Fla. Stat. § 812.133 — Carjacking
""Carjacking" means the taking of a motor vehicle … from the person or custody of another, with intent to … deprive … when in the course of the taking there is the use of force, violence, assault, or putting in fear."
Read the full statute on Online Sunshine →
The Actual Penalties
Carjacking — Statutory Penalties
With a firearm or deadly weapon: First-degree felony, up to life, with 10-20-Life mandatory minimums.
Without a weapon: First-degree felony, up to 30 years.
Without a weapon: First-degree felony, up to 30 years.
What a Defense Attorney Looks For
- Force or fear. Whether that element was truly present — the line to lesser auto theft.
- Identity, often resting on eyewitness identification.
- The firearm enhancement and its mandatory minimums.
- Intent to deprive the owner of the vehicle.
Frequently Asked Questions
What is the difference between carjacking and grand theft auto in Florida?
Carjacking (§ 812.133) involves taking a vehicle by force, violence, or fear directly from a person. Grand theft auto is taking a vehicle without that element of force or fear. Carjacking is far more serious, punishable by up to life.
How much prison time for carjacking in Florida?
Carjacking is a first-degree felony — up to 30 years without a weapon, and up to life with a firearm or deadly weapon, with 10-20-Life mandatory minimums applying to the firearm.
Charged Under This Statute?
A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.
This page summarizes Fla. Stat. § 812.133 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.