Have you been accused of carjacking? You need the help of an experienced criminal defense attorney. With more than 30 years defending the people of Los Angeles, the Helfend Law Group is here for you. Call 800-834-6434 today.
Carjacking is a violent crime that involves taking a motor vehicle from another person by force or fear.
This offense is a strike under California’s Three Strikes Law, meaning the penalties can be especially harsh for repeat offenders.
If you have been accused of carjacking, it is crucial that you consult with a qualified and experienced criminal defense attorney as soon as possible. The right legal representation can mean the difference between a lengthy prison sentence and a favorable outcome for your case.
With more than 40 years of experience in criminal defense, carjacking defense attorney Robert M. Helfend is here to help. If you’ve been accused of carjacking, don’t hesitate to call us for a free case review at 800-834-6434.
What are California’s carjacking laws?
In California, carjacking is governed by California Penal Code 215 PC, which states that any person who:
- Feloniously takes a motor vehicle from the immediate presence of another,
- Against their will, and
- With the intent to either permanently or temporarily deprive the person of the vehicle,
Is guilty of carjacking. The crime of carjacking is unique in that it focuses on the act of taking the vehicle, rather than the vehicle’s value or the intent to steal it.
Penalties for a carjacking conviction
A conviction for carjacking under California law carries significant penalties, including:
- A prison sentence of three, five, or nine years in California state prison. The sentence can be increased if the carjacking involved the use of a weapon or resulted in great bodily injury.
- Fines of up to $10,000.
- A “Strike” under California’s Three Strikes Law. A carjacking conviction is considered a “strike” under California’s Three Strikes Law, which means that if you have a prior strike on your record, the penalties for a subsequent carjacking conviction can be significantly more severe.
- Restitution to the victim. If convicted of carjacking, you may be ordered to pay restitution to the victim for any damages or losses they suffered as a result of the crime.
Is carjacking often charged in conjunction with grand theft auto?
Carjacking and grand theft auto are distinct crimes under California law, and they are often charged together.
Under PC 487d(1), grand theft auto is the unlawful taking of a motor vehicle with the intent to permanently or temporarily deprive the owner of possession. It’s usually a “wobbler,” meaning it can be charged as either a misdemeanor or a felony depending on the circumstances. As a felony, it can result in up to three years in state prison.
In carjacking cases, prosecutors sometimes initially charge the defendant with both offenses. However, the charges can sometimes be consolidated or the lesser charge (grand theft auto) may be dropped in favor of the more serious charge (carjacking) depending on the specifics of the case.
A skilled criminal lawyer can help you navigate these charges, and depending on the specifics of the case, can help you get them reduced.
Defenses against carjacking charges
Every case is different, so the best defense in your case will depend on the evidence available. However, some of the most common legal defenses in carjacking cases can include:
- Mistaken identity – If you can prove that you were not the person who committed the carjacking, you may be able to have the charges dismissed.
- Lack of intent – You didn’t knowingly mean to permanently or temporarily deprive the vehicle owner of their vehicle.
- Consent – The vehicle owner consented to you taking the vehicle.
- Insufficient evidence – The prosecution does not have enough evidence.
Have you been accused of carjacking in Los Angeles?
If so, you need a skilled and experienced Los Angeles carjacking lawyer to defend your rights and protect your future. Don’t hesitate to call us for a free case review at 800-834-6434.
Carjacking is a violent crime that involves taking a motor vehicle from another person by force, fear or intimidation.
This offense is considered a “strike” under California’s Three Strikes Law, meaning the penalties can be especially harsh for repeat offenders. If you have been accused of carjacking, it is crucial that you consult with a qualified and experienced attorney as soon as possible. The right legal representation can mean the difference between a lengthy prison sentence and a favorable outcome for your case.
With more than 40 years of experience in criminal defense, Attorney Robert M. Helfend is here to help. If you’ve been accused of carjacking, don’t hesitate to call us for a free case review at 800-834-6434.
Published April 1, 2023. Updated May 14, 2024.