Penal Code 215 PC | Carjacking

Carjacking can be a scary crime. Having your car forcibly taken from you is traumatic. But if you are accused of carjacking, you need to know your rights. This article will explain carjacking charges in California.

What is Carjacking?

Carjacking is when someone takes a motor vehicle that doesn’t belong to them by force or fear. This can happen if the victim is inside the car, right next to the car, or has the keys. The criminal intends to temporarily or permanently take the car from the victim [1].

Elements of Carjacking

For a carjacking conviction, prosecutors must prove these elements [2]:

• The defendant took a motor vehicle not belonging to them
• The vehicle was taken from someone possessing it or a passenger
• The vehicle was taken against the victim’s will
• The defendant used force or fear to take the vehicle or prevent resistance
• The defendant intended to deprive possession from the victim temporarily or permanently

Use of Force or Fear

The force or fear can happen before, during, or after taking the car. Force means physically hurting someone. Fear means threatening to hurt someone [3]. Pointing a weapon or making verbal threats can create fear.

Punishment

Carjacking is a felony. Punishments can include [1]:

• 3, 5, or 9 years in prison
• Up to 1 year in county jail
• Up to $10,000 fine

If the victim suffers great bodily injury, 3-6 more years are added. Using a gun adds 10-20 more years. Discharging a gun adds 20 more years. Killing someone leads to 25+ years [2].

Related Charges

Prosecutors may also charge [2]:

• Robbery – taking property by force or fear
• Kidnapping – moving someone against their will
• Assault – threatening or attempting to injure someone

Defenses

Several defenses may apply [2]:

• No force or fear – the vehicle was taken without threats
• Consent – the victim agreed to hand over the vehicle
• Mistaken identity – the defendant was misidentified
• False accusations – the alleged victim is lying

Next Steps If Charged

If you are charged with carjacking, take these steps right away:

1. Remain silent and only speak to your attorney
2. Hire an experienced criminal defense lawyer
3. Follow your lawyer’s advice about defending the case

An attorney can negotiate with the prosecutor, argue defenses, and take steps to get charges reduced or dismissed. Don’t take a chance by handling this alone.

Conclusion

Carjacking is a serious felony charge in California. If convicted, you face years in prison and massive fines. But an experienced lawyer can often get charges dropped or reduced and help you avoid the harshest punishments. Don’t wait to seek help if accused of carjacking.