More California Car Jacking Overview – CPC 215 information
Car Jacking FAQ – California Penal Code 215
What is the difference between armed with a firearm and using a deadly weapon?
The penalties for being in possession of a weapon or using a weapon during a carjacking are different. Being “armed with a firearm” means that when the carjacking was committed, the defendant had a gun in his/her possession at the time. The defendant does not have to even use the firearm to receive the sentencing enhancement. This is a penalty of an additional one year in state prison on top of the punishment the defendant receives for the carjacking. However, if the defendant is armed with an assault weapon, as defined in California Penal Code Section 12276 or Section 12276.1, the enhancement would be a punishment of an additional three years in state prison.
If any weapon was used during the carjacking, the penalty can be an additional three years in state prison.
What if I just took the persons car keys away from them instead of taking their car?
Carjacking can also occur when a defendant forcibly takes a victims car keys, not just when a defendant takes a car from the victims presence.
Does it matter if the person leaves the car while the carjacking takes place?
The taking can occur whether or not the victim remains with the car.
How far do I have to drive to constitute a “felonious taking?”
No great movement is required, and it is not necessary that the property be taken out of the physical presence of the victim. Slight movement is enough to satisfy the requirement.
Can I get probation for carjacking?
The court has the power to place the defendant on probation. If the defendant is placed on probation, the court may impose from one day to one year in the county jail as a condition of probation.
If the defendant is placed on felony probation for an offense, this means he/she likely will have a probation officer. The defendant will have to report to the probation officer on a regular basis. The defendant also may be ordered to “test” regularly so the probation officer can be certain he/she is not using illegal drugs. In addition, the defendant likely has to give up his/her “search and seizure rights” during the probation period. This means that any member of law enforcement who knows the defendant is on felony probation can search their person or property or home without the need for a search warrant.
In addition, if you are placed on felony probation this means that if your probation officer believes you have violated any of the terms of your probation, he can arrest you without a warrant. In most cases if this happens you will sit in jail without bail until the judge decides whether you in fact did violate your probation. If the judge finds you did violate your probation, you can then be sent to state prison.
