Los Angeles and San Bernardino Carjacking Lawyers
California Penal Code 215
The Los Angeles car jacking defense lawyers at this law firm defend clients against carjacking charges across Southern California.
Under California Penal Code Section 215, carjacking is the taking of a vehicle from someone's immediate possession accomplished through force or fear. The penalty for carjacking in California is up to nine years state prison, plus additional time if a weapon is used or someone is injured.
Here is what the state must prove in order to convict someone of carjacking in California (based on the California Judicial Council's Jury Instructions):
California Carjacking Law
Penal Code Section 215
The defendant is charged with carjacking.
To prove the defendant's guilt of the crime of carjacking, the prosecution must prove that:
- The carjacking defendant's intent to take the vehicle must have been formed before or during the time he used force or fear. If the defendant did not form this required intent until after using the force or fear, then he did not commit carjacking.
- A person takes a vehicle for carjacking purposes when he gains possession of it and moves it some distance. The distance moved may be short.
- An act is performed against a person's will if that person does not consent to the act. In order to consent, a person must act freely and voluntarily and know the nature of the act.
- Two or more people may possess something at the same time.
- A person does not have to actually hold or touch something to possess it. It is enough if the person has (control over it or the right to control it), either personally or through another person.
- Fear, as used here, means fear of injury to the person himself or herself, or injury to the person's family or property, or immediate injury to someone else present during the incident or to that person's property.
- A vehicle is within a person's immediate presence if it is sufficiently within his control so that he or she could keep possession of it if not prevented by force or fear.
1. The carjacking defendant took a motor vehicle not belonging to him;
2. The vehicle was taken from the immediate presence of someone who possessed the vehicle or from a passenger;
3. The vehicle was taken against that person's will;
4. The carjacking defendant used force or fear to take the vehicle or to prevent that person from resisting;
AND
5. When the carjacking defendant used force or fear to take the vehicle, he intended to deprive the other person of possession of the vehicle either temporarily or permanently.
Additional Resources Regarding Carjacking
California Penal Code Section 215
Carjacking
Prevention
Advice for how to avoid becoming a victim of robbery
or carjacking.
Avoiding Carjacking
Advice from the Insurance Information Institute on precautions for avoiding being carjacked.
Carjacking Statistics
Department of Justice review of the statistics of carjacking incidence in the United States.
Encyclopedia Discussion of Carjacking
Discussion of elements of the crime of carjacking and history of carjacking as a pervasive violent crime.
