Carjacking Law in California - Penal Code 215 PC
Carjacking, as defined by California Penal Code 215 PC, is a serious felony. It involves the forcible or fear-induced taking of a vehicle from another person. The use of 'force or fear' can be physical violence or threats of harm against the driver or a passenger. A conviction for carjacking can lead to a sentence of up to 9 years in state prison, with the possibility of a longer sentence if a weapon is used.
PC 215 says, "(a) Carjacking is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or the person or immediate presence of a passenger of the motor vehicle, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear."
Simply put, PC 215 makes it a crime to take a vehicle from another person by force or fear. Carjacking is a felony in California and can result in 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 their sentence to be eligible for parole.
If the defendant or an accomplice accidentally or unintentionally kills another person during the commission of the crime of carjacking, the defendant will be held responsible for first-degree murder. Penalties may also increase if a person is injured if a gun is used, if the offense is gang-related, or if a kidnapping occurred. The potential for severe penalties underscores the seriousness of the situation.
As experienced criminal defense attorneys in Los Angeles, our primary goal is to help our clients avoid the severe penalties associated with carjacking. We meticulously examine the charges and vigorously assert any applicable defenses on their behalf, providing them with the best possible legal representation.
Carjacking is often associated with other theft-related crimes, such as robbery, grand theft auto, joyriding/auto theft, auto burglary, and kidnapping. Depending on the circumstances, prosecutors may choose to charge a defendant with these additional offenses alongside carjacking.
Common defenses are consent to possess the car, mistaken identity, and the fact that our client may not even have used force or fear.
How Can You Get the Best Result?
Those people who are charged with PC 215 carjacking are looking around the internet and making phone calls to figure out how to get the best result.
The first thing you want to do is decide how you will handle the case. In other words, will you fight it, take it to a jury trial, and try and win, or is it a situation where the prosecutors and police have managed to get the evidence against you?
You must take a different approach, try to mitigate the situation and work out a deal with the prosecutors and judge in the criminal case.
It's crucial to make this decision with the guidance of an experienced criminal defense attorney who has handled carjacking cases. They can provide insights into what type of results are realistic for your case, not just for a carjacking case but also for a case in the jurisdiction and courthouse where your case is pending.
What I have you do is, you come in, we sit down and go over the facts of the case and decide on whether it's the type of case that should be fought or negotiated. Once we make that decision, we'll start putting the puzzle pieces in place. If we decide to fight the case, we want to:
- Do an investigation,
- Set the case up for a trial,
- Go over the pros and cons of trying the case,
- What will the prosecutors present as evidence?
- What can we present as a defense theory to defend the case?
If we decide to negotiate the case, you will receive character letters describing the type of person you are and how long the person has known you.
We can get those from family members or somebody from the church, or if you did volunteer work or have a job—these are all areas where we want to show the prosecutor that you're not the type of person who is dangerous and takes other people's property.
Carjacking is a serious offense. It's a form of robbery but with the added element of a stolen vehicle. This is why there's a specific law, Penal Code 215 PC, for carjacking. If you or a loved one is facing carjacking charges and you're seeking the best defense strategy, you're in the right place.
With my well-rounded view of how to handle these cases and what the right moves are for you or your loved one, you can be confident that you're in good hands. So pick up the phone now. Ask for a meeting with Ron Hedding. I stand at the ready to help you.
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