Armed Man Pushes Woman Out of Car- California Penal Code Section 215

It was recently reported that a man attempted to carjack a woman at gunpoint in the city of Santa Ana. The woman had just gotten in her 2008 Mustang when a man allegedly opened the driver’s door and pusher her into the passenger seat. The man allegedly pointed a gun at her and ordered her not to scream. The man then allegedly pushed the woman out of her car and tried to start the car up, but failed. After several attempts, the man gave up and fled.

If this man is caught, one of the charges he could face is attempted carjacking. Under California Penal Code Section 215, carjacking is defined as 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. Felonious taking is defined as taking away a car that is not yours.

Carjacking is a felony and punishable by imprisonment in the state prison for three, five, or nine years. The penalty increases if the defendant used a gun during the carjacking. Any person who is armed with a firearm during a carjacking or attempted carjacking shall be punished by an additional term of imprisonment in state prison for one year.

If you or a loved one is facing charges for carjacking or any other theft crime, contact our Southern California theft crime attorneys at Wallin and Klarich. Wallin & Klarich will help protect your rights and find the best defense strategy for your case. For over 40 years, our attorneys have been helping clients get probation or community service in lieu of jail time. Please call us at (888) 749-0034 or visit our website at www.wklaw.com. We will be there when you call.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

View all of Paul Wallin's posts.