Car Jacking Sentencing and Punishments – California Penal Code 215

Car Jacking Sentencing and Punishment “ California Penal Code Section 215

Carjacking is a felony and punishable by imprisonment in the state prison for a term of three, five, or nine years. A carjacking conviction is also a “strike” under the California Three Strikes Law. See California Penal Code Section 667, 1192.7(c)(27).

Armed with a Firearm During the Carjacking: California Penal Code Section 12022(a)(1)

Any person armed with a firearm in a carjacking or attempted carjacking shall be punished by an additional one-year term in state prison.

A firearm is any device designed to be used as a weapon, from which a projectile is discharged or expelled through a barrel by the force of an explosion or other form of combustion.

Armed with an Assault Weapon During the Carjacking: California Penal Code Section 12022(a)(2)

If the firearm is an assault weapon, machinegun, or a .50 BMG rifle, the additional term in state prison shall be three years.

Actually Using a Deadly or Dangerous Weapon During the Carjacking: California Penal Code Section 12022(b)(2)

Any person who personally uses a deadly or dangerous weapon during a carjacking or an attempted carjacking shall be punished by an additional term in state prison for one, two, or three years.

A deadly weapon is any object, instrument, or weapon that is inherently deadly or dangerous or one that is used in such a way that it is capable of causing and likely to cause death or great bodily injury.

If you or a loved one is facing a charge of carjacking, it is important that you speak with an experienced carjacking defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of criminal matters, including carjacking cases. Our attorneys are highly knowledgeable and will aggressively represent you to get the best possible result in your case. Call us today at 888-749-0034 or visit us at our website at

www.wklaw.com. We will be there when you call.