The Carjacking Law Under California Penal Code 215 (PC)
Carjacking is different than other crimes involving breaking into or stealing a motor vehicle in that it involves directly taking the car from someone else through the use of force. Because of the increased level of danger and trauma inflicted on the victims over that experienced through traditional auto theft or car burglary charges, the sentence for carjacking is much more serious. Those accused of this offense will typically be charged with both carjacking and robbery charges, though they cannot be sentenced for both for the same crime. While most theft charges can be charged as misdemeanors, both carjacking and robbery are always violent felonies under California law, meaning they count as a strike under the state’s three strikes law.
How Does California Law Define Carjacking?
Under California Penal Code section 215 (PC), carjacking involves taking a vehicle that is immediately in possession of another person through the use of force or fear. Whereas grand theft auto requires the prosecutor to show the defendant planned to take a vehicle permanently, carjacking charges only require the District Attorney to show that the thief intended to permanently or temporarily deprive the victim of either their motor vehicle or possessions.
Penalties for Carjacking in San Diego
Under 215 (PC), a California carjacking conviction is always a felony-level offense punishable by up to 9 years in prison per victim. In some cases, your criminal defense attorney can ensure you get a plea bargain where your sentence involves no more than probation and up to one year in jail. Even if you failed to actually gain possession of the vehicle, you can be charged with attempted carjacking, which is punishable by half the sentence you would have received if the crime was successful.
Most people accused of this crime will also face first-degree robbery charges, though you cannot be convicted and sentenced for both carjacking and robbery. If you are convicted of robbery charges, you can be sentenced to between 3 and 9 years in state prison. A skilled San Diego attorney may be able to negotiate a plea bargain where you will only face second-degree robbery charges, which carries a much lighter sentence of 2 to 5 years in prison.
Many circumstances may result in increased sentencing under California law. For each victim that suffers great bodily injury, you can face an additional six years in prison. If the crime was committed in connection to a street gang, you could face an additional 15 years to life. When a victim dies as a result of a carjacking, you can also face murder charges -even if an accomplice was responsible for the death, not you.
If you used a gun, you can also face additional sentencing related to the state’s 10-20-life rule. This law adds an additional 10 years to your sentence for just brandishing a gun, 20 years if the weapon was fired, and a life sentence if anyone was injured.
In addition, both carjacking and robbery are considered violent felonies, so these offenses both count as a strike under the state’s three strikes law. As a result, if you are found guilty of carjacking or auto robbery, you must serve 85% of your sentence before becoming eligible for parole. If you have a prior strike on your record, your sentence will automatically be doubled, and if you have two previous strikes, you can face life imprisonment. In some cases though, your attorney may be able to “strike a strike,” meaning a prior strike will not count towards the sentencing for this offense.
Fighting the Charges
For you to be convicted of carjacking, the prosecution must be able to prove some key elements. They must show that you took a vehicle that did not belong to you from the victim by means of force or fear.
While this sounds relatively straightforward, it can sometimes be difficult for the prosecution must be able to show that the victim was actually and reasonably in fear of legitimate harm to themselves, loved ones, or their property due to the defendant’s conduct. If your San Diego carjacking lawyers convince the court that the victim had no reason to believe a threat of harm existed or that the victim was not present at the time of the crime, then you can only be charged with theft, not robbery or carjacking.
With the right defense attorneys on your side, you may be able to have the charges against you reduced or dropped before the case goes to trial. If the case does move forward, only a top San Diego lawyer will be able to help you fight the charges to obtain minimal sentencing or a not-guilty verdict.
Call a Lawyer Immediately
If you have been charged with carjacking or auto robbery, please call (760) 643-4050 to schedule a free consultation with criminal defense attorney Peter M. Liss.
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