Carjacking Overview - Orange County carjacking defense lawyers
California law defines carjacking as the felonious taking of a motor vehicle, in the possession of another, from his/her person or immediate presence, against his/her will and with the intent to permanently or temporarily deprive the person of the motor vehicle, accomplished by force or fear. The law does not require that the accused feloniously take from the driver, rather his/her taking from the immediate presence of the passenger will suffice. The phrase “felonious taking” refers to the act of illegally taking something, which obviously encompasses the act of a defendant taking a car that he/she does not legally own or have a right to access. Consulting with an experienced Orange County carjacking defense attorney in the early stages of investigation or upon arrest will allow an accused to effectively defend his/her case. The team of Orange County carjacking defense lawyers at Wallin & Klarich can help any defendant fight any carjacking charge.
Although generally considered a robbery, carjacking encompasses a broader range of conduct. For a robbery conviction, the accused must have the intent to deprive the person permanently of his/her property. Conversely, for a carjacking conviction, the accused may have either an intent to deprive the person permanently or temporarily of his/her property. For example, a defendant who takes the car of another with the intent to joyride and subsequently returns the vehicle is still exposed to carjacking charges, however he/she cannot face robbery charges.
A defendant convicted of carjacking may face imprisonment in state prison for a term not exceeding nine years. He/she may face an increased sentence if the incident involved a weapon. In addition, because carjacking is considered a serious felony, a conviction will constitute a strike under California’s “Three Strikes” legislation. Consulting with an Orange County carjacking defense lawyer will help to alleviate these potentially harsh punishments.
Our team of professional, skilled and aggressive litigators has over 30 years of experience handling carjacking cases. Our Orange County carjacking defense attorneys at Wallin & Klarich will fight these charges and work hard to deliver the best possible outcome for your particular case. Please call 1-888-749-0034 or submit the intake form at the top of this page to request our immediate assistance.
