FREE CONSULTATION

Please fill out the form and someone will be in touch with you shortly.

  • Los Angeles County
    (213) 341-4427
  • Orange County
    (714) 442-2601
  • San Bern / Riverside
    (909) 748-5272
  • San Diego County
    (619) 752-2235
  • Kern / Santa Barbara
    (661) 473-0422
  • Sacramento / Sonoma
    (916) 248-4717
  • Alameda / San Joaquin
    (510) 403-8809
  • Ventura County
    (805) 248-7408
  • Fresno / Santa Clara
    (559) 365-7055
  • Northern California
    (530) 427-4167

Affordable Rates

cards Payment Plans

Carjacking

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.

services Image

Grand Theft

The Penal Code in California defines the severity of an offense and punishments by the value of the object or property stolen, and in the manner, it is stolen from the owner of the property.

Learn More

services Image

Robbery

California’s penal code 211 defines robbery as the act of felonious taking of property or something of value from the possession of another person by force or fear.

Learn More

services Image

Petty Theft

The penal code 484 in California’s law defines petty theft as stealing, taking, carrying, or embezzling property or money of another person that is capped at $950.

Learn More

services Image

Burglary

California’s Health & Safety Code has many sections that deal with the various offenses related to Marijuana.

Learn More

services Image

Fraud

In California, Fraud or Larceny is a criminal act resulting in criminal charges against the person committing the offense.

Learn More

services Image

Identity Theft

The number of cases of identity theft in California is increasing day by day, and it has become a prevalent crime in this age of Information Technology.

Learn More

Areas We Serve

Recent Results

  • Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!

  • Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!

  • Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!

  • Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!

  • Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.

  • Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

  • Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!

  • Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!

Awards and Certifications

What our clients say Client Testimonials

Organizations We Are a Member of or Support