What is Carjacking in California? (PC 215)
The California Penal Code looks at carjacking much more broadly than what you might imagine, even a joyride can be a carjacking in some circumstances. If you or a loved faces accusations of carjacking in California you need to contact the Carjacking Defense Attorneys at Wallin & Klarich. These are serious charges, but together, we can get through them.
Carjacking in California
California Penal Code section 215 defines carjacking as stealing an automobile when the driver, passenger, or owner is in it or nearby. In order to prove that you are “guilty” of carjacking, the prosecution has to show five things:
1. You took a vehicle that did not belong to you
2. The vehicle’s driver, passenger, or owner was nearby
3. That person did not want you to take the vehicle
4. By using force or frightening that person, you took the vehicle or kept them from stopping you
5. And you did all of this intending that this person no longer have the vehicle for any amount of time
Punishment For Carjacking
Under California Penal Code section 215 carjacking is a felony carrying a prison sentence for three, five or even nine years.
Under Penal Code section 12022.53, the sentence can be longer where a weapon is involved:
• If you merely use a gun in the course of a carjacking there is an additional 10-year prison sentence.
• Intentionally firing a gun means an additional 20 years in prison
• And intentionally firing a gun to cause a serious injury or death can mean 25 years to life in prison.
Moreover, carjacking is a serious felony that counts as a strike under the Three-Strikes Law. Under this law, conviction of a third strike can mean a prison sentence of 25-to-life.
Carjacking or Robbery
Now, if you know what robbery is, then you might think that carjacking is a lot like robbery. And you are right. In fact, under section 215, if you take someone’s vehicle in their presence, the prosecutor can charge you for both robbery and carjacking. You just cannot be punished for both for it.
Number five in our list above is the major difference between carjacking and robbery. In order to convict you of robbery the prosecutor has to prove that you intended the person be “permanently deprived” of the item. Meaning, they will never have it again.
In carjacking, the prosecutor need only prove that you wanted them not to have it for any amount of time. So yes, a joyride counts. It does not matter that you intended to give it back. All that matters is that you wanted it and that you took it from them.
California Carjacking Defense Lawyers
Carjacking, even for a quick joyride, carries serious consequences. When you call, the Carjacking Defense Lawyers at Wallin & Klarich will pour over the facts and circumstances of your case. We will work with you to form a defense that can reduce your charges, lessen your penalties, or dismiss the case completely. With us by your side, you stand a much better chance.
With over 40 years of experience in the field, we have successfully defended many people facing these charges. And we can help you too. We have offices in San Bernardino, Ventura, Riverside, Los Angeles, San Diego and Orange County. Call us today at 888-749-0034 or fill out our intake form for immediate assistance. We will get through this together.
My husband is in jail for car jacking and he’s been in there 6 months with nothing really being said. My husband is in California and I was wondering how this works I really need advice.