CARJACKING (PC 215)
Carjacking is a serious felony in California and is dealt with quite heavy-handedly by the judicial system.
Definition of Carjacking:
Carjacking is when someone takes an individual’s vehicle from their immediate possession with the use of force or fear.
To be convicted of Carjacking the prosecutor must prove the following:
- A victim was in immediate possession of a car
- Defendant took that car from the driver, or passenger (Victim)
- Defendant took the car against the victim’s will
- Defendant used force or fear when taking the vehicle from the victim
- Defendant did so with the specific intent to deprive the owner or passenger (Victim) permanently or temporarily
- Formal probation and up to one year in county jail, OR
- Up to nine years in state prison, and
- Up to $10,000 in fines
- Punishment applied for each victim in the vehicle you stole from.
- If great bodily injury was inflicted upon the victim, then Defendant will face an additional 3-to-6-year prison sentence in addition to the initial punishment.
- If the prosecution can prove that Defendant is a member of a gang and carjacked the vehicle to benefit that gang then Defendant will face an automatic 15-years-to-life sentence in addition to the initial punishment.
- If a gun was utilized during commission of the crime, then Defendant will face an additional 10-year prison sentence
- if the gun was discharged during the commission of the crime, then Defendant will face an additional 20-years in prison
- if a victim or bystander was killed or inflicted serious injury during the commission of the crime, then Defendant shall face 25-years-to-life in prison.
Because of the violent nature of this crime, if a Defendant is convicted of carjacking then he/she shall receive an automatic “strike” on his/her record pursuant to California’s Three Strikes Law.
Also, if you are undocumented and you are convicted of carjacking then it is possible that you will be deported.