Carjacking Law in California - Penal Code 215 PC
California Penal Code section 215 makes it a crime to take a vehicle from another person by the use of force or fear. Carjacking is a felony is California and can result in up to 9 years in prison and a strike under the California Three Strikes Law as it is considered a violent felony. This also means that one must serve at least 85% of his or her sentence to be eligible for parole.
If during the commission of the crime carjacking, the defendant or an accomplice accidentally or unintentionally kills another person, the defendant will be held responsible for first degree murder.
Penalties may also increase if a person was injured; if a gun was used; if the offense was gang related; if a kidnapping occurred.
As Criminal Defense Attorneys in Los Angeles we do everything we can to avoid such harsh penalties. Our duty to our clients is to thoroughly look at the charges and do our best to assert any and all applicable defenses on their behalf.
Crimes associated with this theft crime are: robbery, grand theft auto, joyriding/auto theft, auto burglary, kidnapping, battery – all which the prosecutors may charge a defendant in addition to carjacking depending on the circumstances.
Common defenses are consent to have possession of the car, mistaken identity, and the fact that our client may not even have used force or fear.
We have the experience, skill, and knowledge in dealing with these theft crimes and we are well seasoned and can guarantee our competence, persistence, and dedication to our clients.
Our credentials are unmatched in all of Los Angeles. We are well respected and well known by judges and prosecutors throughout the county,
Give us a call and we will set up a free consultation and take it from there. We want to help!