"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...
Carjacking is a serious felony that can result in significant jail time. Carjacking is often committed in conjunction with other crimes such as kidnapping, assault crimes, robbery and grand theft auto. Schwartz & Powell has the legal experience necessary to find and raise viable defenses to a carjacking charge.
Carjacking (Penal Code 215) - is the taking of a motor vehicle that is in the possession of another against the victim's will and with the intent to permanently or temporarily deprive the victim of the motor vehicle. A carjacking charge requires the use of force or fear.
A carjacking is differentiated from robbery by a broader range of conduct. For a carjacking charge the accused either has an intent to deprive the person permanently or temporarily of the property. So even if the motor vehicle is taken for a short time and returned the accused is charged with carjacking but will not face robbery charges.
If a vehicle is carjacked with a passenger inside, not from the owner or possessor of the vehicle, it is still considered a carjacking.
A carjacking conviction brings with it severe punishment. If convicted the accused can face prison time for a term not exceeding nine years. If there is a weapon involved there is typically an increased sentence.
Carjacking is considered a very serious felony that brings with it harsh penalties. If convicted the conviction will constitute a strike under California's "Three Strikes" legislation.
Contact the best Ventura criminal defense lawyers to represent and defend you against carjacking charges. We will get you the best results and defend you from criminal liability. At Schwartz & Powell we have over thirty years of legal expertise in criminal matters.
Schwartz & Powell Has More Not Guilty Verdicts Than Any Other Law Firm in Ventura County. Schwartz & Powell serves Ventura, Los Angeles, Santa Barbara, Kern, San Diego Counties.
Call us at 805-658-8955.
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