Carjacking (Penal Code § 215) in California

Been charged with carjacking in California? You’re facing one of the most serious theft crimes on the books. A conviction carries years in state prison, steep fines, and a strike under California’s Three Strikes Law.

At The Nieves Law Firm, we know what you’re up against. Our criminal defense team has successfully defended clients against carjacking charges throughout California. Understanding exactly what you’re charged with is the first step in building a powerful defense.

Carjacking Laws in California | Penal Code § 215(a)

Penal Code § 215(a) defines carjacking as:

“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.”

Put simply, carjacking happens when you take someone’s car from them or their passenger by using force or threats, with the intention of keeping it (even temporarily).

What makes this different from other vehicle theft crimes? The key is the “force or fear” element. Taking an unattended car is theft – but using violence or threats to take a car with someone in or near it is carjacking.

What Prosecutors Must Prove for a Carjacking Conviction

For the DA to convict you of carjacking, they must prove four specific elements beyond reasonable doubt:

1. A person had possession of a motor vehicle
2. You took that vehicle from their immediate presence (or a passenger’s immediate presence) against their will
3. You used force or fear to take the vehicle
4. You intended to deprive them of the vehicle either permanently or temporarily

Miss just one element, and the charge should fail. This creates multiple avenues for your defense.

Key Legal Terms in Carjacking Cases

“Possession” of a Vehicle

You don’t need to be driving to “possess” a car. Courts consider you in possession if you have physical or constructive control over the vehicle. This includes when the car is:

• Being driven by you
• Parked nearby with you having the keys
• In your garage or driveway
• Otherwise under your control

“Immediate Presence”

“Immediate presence” means the vehicle is within the victim’s reach, observation, or control – close enough that they could keep possession if not overcome by force or fear.

This is broader than you might think. Courts have ruled that carjacking can occur even when:

• The victim is outside the car but nearby
• The victim is approaching their parked vehicle
• The victim is just inside their home with their car in the driveway

“Force or Fear”

“Force” means physical violence – pushing, hitting, restraining, or other physical contact used to take the vehicle.

“Fear” means threats that cause the victim to surrender their vehicle. This includes fear of:

• Harm to themselves
• Harm to their property
• Harm to family members
• Harm to others present at the scene

California courts have held that “the coercive effect of fear induced by threats is in itself a form of force.” Even if the victim resists, you can still be convicted of using force or fear.

“Intent to Deprive”

Unlike many theft crimes, carjacking only requires an intent to deprive the owner/passenger of their vehicle either permanently OR temporarily. This means you can be convicted whether you:

• Planned to keep the car
• Wanted to sell it
• Just needed it for a short ride
• Intended to abandon it later

Serious Penalties for Carjacking in California

Carjacking is always a felony in California, carrying steep penalties:

Base Penalties:

• 3, 5, or 9 years in state prison
• Up to $10,000 in fines
• A strike under California’s Three Strikes Law

Enhanced Penalties for aggravating factors:

• Using a gun: additional 10 years
• Firing a gun: additional 20 years
• Causing serious injury or death with a gun: additional 25 years to life
• Gang-related carjacking: additional 15 years to life
• Inflicting great bodily injury: additional 3-6 years

These penalties apply for each victim present in the vehicle during the carjacking.

Carjacking also counts as a “violent felony” in California, meaning you must serve at least 85% of your sentence before becoming eligible for parole.

Felony Murder Rule

If someone dies during a carjacking you committed or participated in, California’s felony murder rule automatically holds you responsible for first-degree murder – even if you didn’t personally cause the death or intend for anyone to die.

Immigration Consequences

For non-citizens, a carjacking conviction is considered an “aggravated felony” under federal immigration law. This typically results in deportation, even for legal permanent residents.

Powerful Legal Defenses Against Carjacking Charges

Despite the severity of carjacking charges, powerful legal defenses exist. At The Nieves Law Firm, we’ve successfully used these strategies to get charges reduced or dismissed:

1. No Force or Fear Was Used

If you took a vehicle without using force or fear, you didn’t commit carjacking. While you might still face charges for grand theft auto or joyriding, these carry significantly lighter penalties.

2. The Driver Consented

If the person willingly let you take their vehicle, no carjacking occurred – even if you later kept it longer than permitted. This might constitute another crime, but not carjacking.

3. Mistaken Identity

Carjacking is a traumatic event that happens quickly. Victims often have difficulty accurately identifying perpetrators, especially if the incident occurred:

• At night
• When they were under extreme stress
• When they had limited time to observe the perpetrator
• When the perpetrator wore a disguise

4. Insufficient Evidence

The prosecution must prove every element of carjacking beyond reasonable doubt. We scrutinize the evidence, looking for gaps in the prosecution’s case regarding:

• Identification of the perpetrator
• Whether force or fear was actually used
• Your intent at the time
• The credibility of witnesses

5. Constitutional Violations

If police violated your constitutional rights during the investigation or arrest – such as conducting illegal searches or obtaining coerced confessions – we can file motions to suppress evidence.

Related Charges Often Filed with Carjacking

Carjacking cases frequently involve additional charges, including:

• Robbery (PC 211): Taking personal property from someone’s person or presence by force or fear
• Assault with a deadly weapon (PC 245): Attacking someone with a weapon capable of causing death or serious injury
• Kidnapping during carjacking (PC 209.5): Moving a victim a substantial distance during a carjacking
• Grand theft auto (PC 487d): Taking someone’s vehicle worth $950+ without permission
• Joyriding (VC 10851): Taking a vehicle temporarily without intent to permanently deprive the owner

It’s important to note that while you can be charged with both carjacking and robbery for the same incident, you cannot be punished for both crimes. Penal Code § 215(c) specifically states that a defendant cannot be punished under both PC 215 and PC 211 for the same act.

Charged With Carjacking? Start Your Defense Now.

When you’re charged with carjacking, what you do immediately can dramatically impact your case outcome. At The Nieves Law Firm, we:

1. Conduct thorough investigations: We examine all evidence, interview witnesses, and analyze surveillance footage
2. Challenge the prosecution’s evidence: We force them to prove every element beyond reasonable doubt
3. File strategic motions: We move to suppress illegally obtained evidence and dismiss charges when appropriate
4. Negotiate from strength: When beneficial, we leverage case weaknesses to secure better plea deals
5. Prepare aggressively for trial: We develop compelling defense narratives and challenge the prosecution’s case

Don’t face these serious charges alone. Contact The Nieves Law Firm today for a confidential consultation where we’ll review your case and help you understand your options. Our team is ready to fight for your rights and your future.