Car Jacking Defenses – California Penal Code 215

Mental State Requirement

The crime of carjacking requires that the defendant must have had the specific intent to take away or temporary deprive the person of the vehicle before or during the time the defendant is using the force or fear. If the defendant did not form the intent to take away or temporary deprive the person of the vehicle until after using the force or fear, then (he/she) could not have carjacked a car.

Motor Vehicle Was Owned by the Defendant

The defendant cannot be convicted of carjacking if the defendant owned the vehicle.

The Vehicle Was Not Taken from the Immediate Presence of a Person Who Possessed the Vehicle

The defendant has a defense to carjacking if the vehicle was not taken from the immediate presence of a person who possessed the vehicle or the passenger of the vehicle.

The Vehicle Was Not Taken Against the Person’s Will

If the vehicle was not taken against the person’s will, the defendant cannot be convicted of carjacking. If the vehicle owner consented to allowing the defendant to use the vehicle, the owner cannot later claim that the defendant carjacked the vehicle.

The Defendant Did Not Use Force or Fear to Take the Vehicle or to Prevent that Person From Resisting

The defendant cannot be convicted of carjacking if the defendant did not use force or fear to take the vehicle. However, the defendant may still be charged with other crimes if the defendant stole the vehicle