Carjacking is a form of Robbery. It is basically robbery of a motor vehicle (California Penal Code Section 215). Carjacking is the felonious taking of a motor vehicle in the possession of another against his/her will, from his/her immediate presence accomplished by force or fear. Carjacking is also a serious and violent felony punishable by state prison.
Penalties for carjacking may include up to nine years in a California state prison. In some cases it may add up to more years if you, used a gun at the time of the carjacking, injured a victim, kidnapped a victim during the carjacking, or if you committed the offense in order to benefit a gang.
In order to be convicted of carjacking, the prosecutor must first prove that you took a car from a person who had possession of the vehicle from his/her immediate presence. The prosecutor must also prove that you did so against his/her will using force or fear in order to deprive the victim of the car.
It is important to know that if you are the owner of the car, this can not be used as defense. If you used force or fear in order to take the car away from someone you will still be charged with carjacking.
If you have any question or concerns regarding a criminal charge, contact the Law Offices of David Chesley today and speak with one of our legal professionals. Our lines are open 24 hours a day, 7 days a week.
Carjacking: California Penal Code 215
(a) “Carjacking” is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or from the person or immediate presence of a passenger of the motor vehicle, against his or her will and with the intent to
either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear.
(b) Carjacking is punishable by imprisonment in the state prison for a term of three, five, or nine years.
(c) This section shall not be construed to supersede or affect Section 211. A person may be charged with a violation of this section and Section 211. However, no defendant may be punished under this section and Section 211 for the same act which constitutes a violation of both this section and Section 211.