Carjacking Charges in San Diego

San Diego Violent Crime Lawyer

In California, the crime of "Carjacking" is punished by California Penal Code §215, which states in relevant part:

"Carjacking" is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or from 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.

Carjacking is punishable by imprisonment in the state prison for a term of three, five, or nine years.

This section shall not be construed to supersede or affect Section 211 (Robbery). A person may be charged with a violation of this section and Section 211. However, no defendant may be punished under this section and Section 211 for the same act which constitutes a violation of both this section and Section 211.

Carjacking is essentially robbery involving the theft of a vehicle.  It will always be charged as a felony and may be charged together with robbery under Penal Code §211.  However, as stated above, one may not be receive double sentencing for both robbery and carjacking if the charges arose out of the same occurrence.  To receive punishment for both a robbery and carjacking taking place in the same instance, there would need to be a robbery independent of the carjacking; taking someone's wallet as they exited the vehicle for example.

If you have been charged with carjacking, you need a seasoned San Diego violent crime lawyer to protect your rights. Contacting an attorney from The Law Office of Marc S. Kohnen immediately is essential to your defense.

Charges for Carjacking

Because an individual may be charged under Penal Code §211 and Penal Code §215 simultaneously for the same conduct, sentencing can vary depending on the prosecution's recommendations to the court based on circumstances specific to the case.  If an instance of carjacking is charged as a robbery as well, provided the vehicle is not one used for public transportation, it may be charged as second degree robbery, rather than first degree.  If the court decides to sentence the individual under Penal Code §211, the sentencing range without priors will be between 2 and 5 years in state prison.  However, if the court decides to sentence under Penal Code §215, the sentencing range could be anywhere from 3 to 9 years in state prison.  Additionally, because robbery of any kind is counted as a strike on your record, if an individual with prior strikes commits an offense under PC §211 or PC  215, this could double the maximum sentencing  allowable under the statutes.   If the carjacking is committed with the use of a firearm or if the victims are harmed in the course of the carjacking; this could add an additional 10 to 20 years to the sentence.

The prosecution must show a taking and moving of a vehicle not belonging to the defendant, from the presence of the alleged victim, by use of force or fear.  Therefore, as in robbery, there are key elements under this section the prosecution must prove which may depend upon a factual interpretation by the court.  Namely, the prosecution must show that the alleged victim was actually and reasonably in fear of a legitimate harm to themselves, a loved one, or their property because of the perceived conduct by the defendant.  It could be the case that the alleged victim had no legitimate reason to believe a threat of harm existed at the time the defendant took possession of the vehicle, like a situation in which the keys are voluntarily given to a parking attendant or valet, or someone posing as such.  The requisite force or fear under Penal Code §211 or Penal Code §215 will not be present in this situation.  The prosecution must also show that the vehicle was taken from the presence of the individual.  This distinguishes Carjacking from Grand Theft Auto (GTA), under Penal Code §487, which carries a less severe punishment.  Grand Theft of an Automobile does not require the alleged victim to be present at all at the taking of the vehicle. Finally, to prove carjacking occurred; the prosecution must show that the defendant had the intent to deprive the alleged victim of the vehicle temporarily or permanently.  If the defendant had a genuine, yet mistaken, belief that they had a legal right or claim to the vehicle, and were merely taking back possession of the vehicle, this will potentially negate the requisite mental state necessary to successfully bring a claim against the defendant under Penal Code §215 or Penal Code §211.

If you are arrested and charged under PC § 215, the sooner you contact an experience and skillful criminal defense attorney, the better your chances will be in either reducing the charges, minimizing sentencing, or even having the charges dropped altogether.  Based upon the same facts leading to arrest, you may be charged for Robbery under Penal Code §211, Grand Theft Auto under Penal Code §487, as well as Carjacking under Penal Code §211. Even with no prior criminal history you may be facing anywhere from 16 months to 9 years in state prison.  Given the wide discretion in sentencing parameters available to the court, preliminary negotiations with the prosecution considering the unique circumstance of your case will be critical to the result in your case.  Often times, when the court is given such broad discretion in sentencing an individual; the court will also consider available forms of collateral evidence concerning the character and otherwise good will of the defendant as a contributing member of society.  Therefore, with regards to vehicle theft, it pays dividends to retain an experience defense that is willing to fight on your behalf to provide the court with all pertinent information to persuade the court to exercise its discretion on the side of leniency towards your unique circumstances.

Whatever the facts specific to your case may be, it is imperative that you consult with an experienced and aggressive attorney on the best avenue to take in ensuring your liberty and rights are protected. A skilled attorney can make the law work for you, instead of against you.  Attorneys at the firm have been able help many people through these difficult and delicate matters involving charges under Penal Code §215.  If you or a loved one has been arrested and charged with carjacking, please feel free to contact our office for a free and confidential consultation.

When facing carjacking charges, contact a San Diego violent crime lawyer for immediate legal assistance.