Car Jacking Overview – Penal Code Section 215

Under California Penal Code Section 215, carjacking is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, against his or her will and with the intent to permanently or temporarily deprive the person of the motor vehicle, accomplished by means of force or fear. Moreover, carjacking includes taking a motor vehicle within the immediate presence of a passenger of the motor vehicle.

Felonious taking is defined as the illegal taking away of something. Taking away a car that is not yours is a felonious taking.

Carjacking is often a robbery in which a vehicle is taken. However, unlike a robbery conviction, which requires the intent to permanently deprive a person of property, a carjacking conviction may be based upon the person’s intent to temporary use a vehicle of another. As a result, a person can commit a carjacking by forcibly taking a vehicle with the specific intent to joyride.

Carjacking laws have serious penalties. Carjacking is a felony punishable by imprisonment in state prison for up to nine years. The penalty can be increased if a weapon was involved in the carjacking. A conviction for carjacking is also considered a strike under the California Three Strikes law because it constitutes a serious felony. See California Penal Code 1192.7(c).

If you or a loved one is facing a carjacking charge, it is critical that you speak with an experienced criminal defense attorney. At Wallin & Klarich, our California car jacking defense attorneys have over 30 years of experience in handling all types of criminal matters, including carjacking cases. Our attorneys will defend your rights and provide you with the quality representation that you deserve. Call us today at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.