CA Penal Code Section 215: Carjacking

The regulations surrounding CA Penal Code Section 215: Carjacking can be complicated.

Carjacking involves taking a vehicle from another person with the use of force or fear. Individuals can be charged with carjacking for taking a vehicle from anyone, even someone who doesn’t own the vehicle. This criminal act is prosecuted under CA Penal Code Section 215: Carjacking in the state of California.

The Simmrin Law Group can help you go over the facts surrounding a carjacking charge. You can focus on:

The Legal Definition of Carjacking
The Penalties for a Carjacking Conviction
The Defenses for Carjacking Accusations

Start strengthening your understanding of PC 215 right here.

Review the Legal Definition of Carjacking in California

Carjacking is clearly defined under PC 215. Individuals in California may be convicted of carjacking if they:

Take a Vehicle from the Immediate Possession of Someone Else
Use Force or Fear to Take the Vehicle
Intend to Deprive the Other Individual of the Car

Carjacking only occurs if an individual takes a vehicle against another person’s will. You should also be aware that individuals may carjack:

The Car’s Owner
The Driver of the Car
A Passenger in the Car

Note that individuals may be charged with carjacking even if they only plan to keep the vehicle temporarily. The court system does not distinguish between carjacking for permanent possession of the car or for temporary use of the vehicle.

Examples of Carjacking Cases in California

Find out more about carjacking with these examples:

Man A sees a nice vehicle at the pump of a gas station. The owner is inside. Man A decides to hop into the car, hotwire it, and drive away. He should not be charged with carjacking since he did not use force or fear to steal the vehicle. However, he could be charged with grand theft auto.

Man B waits outside a movie theater for a crowd to come out. He waits for a woman to approach a very nice automobile and then approaches the woman. Man B draws a knife and forces the woman to open the vehicle and give him the keys. He could be charged with carjacking.

Consider the Penalties for a Carjacking Conviction

The court system throughout California prosecutes carjacking as a felony. A basic carjacking conviction can lead to:

Jail Time: Up to One Year
Prison Time: Up to Nine Years
Fines: Up to $10,000

Note that these penalties do not apply to each vehicle that is carjacked. Instead, these penalties are for each individual in the vehicle when it is carjacked. The court can also hand down sentencing enhancements in some carjacking cases. Individuals may face harsher penalties if:

Someone is Injured in a Carjacking
The Carjacking is Part of Gang Activity
The Carjacking Involves the Use of a Gun

Additionally, individuals may face criminal charges under California Penal Code Section 209.5: Kidnapping During Carjacking. This is a unique criminal charge that moves beyond PC 215. Note that the penalties will be the most severe if a carjacking victim ends up losing their life.

Go Over Some Legal Defenses for Carjacking Accusations

You can get help standing up to carjacking accusations by contacting a Los Angeles criminal defense lawyer. Working with a legal professional can allow you to build a strong defense. Depending on the facts surrounding your case, a lawyer can work to show:

You Didn’t Take a Vehicle with Force or Fear

Carjacking charges only apply if you directly take a vehicle from someone using force or fear. If you took a vehicle while no one else was around, for example, you would not face carjacking charges. However, you could still be charged under:

You Had the Owner’s Consent to Take the Vehicle

Individuals should only be charged with carjacking if they take a vehicle against someone else’s will. If you were given permission to take a vehicle you should not be convicted under PC 215.

You Were Wrongfully Accused of Carjacking

Not all criminal charges in California are made legitimately. You could be accused of carjacking if someone misidentifies you for someone else. You might also be falsely accused intentionally in some cases. A lawyer can help you stand up to these false accusations.

Contact a Criminal Defense Lawyer About Carjacking Charges

A conviction under CA Penal Code Section 215: Carjacking can have serious impacts on your life. Make sure you take this accusation seriously by contacting the Simmrin Law Group’s criminal defense lawyers today. Our legal team can provide you with a FREE initial case evaluation.

Start constructing a defense by calling us at (310) 997-4688, or by filling out our online contact form.

California Penal Code Section 215: Carjacking