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Carjacking: California Penal Code 215

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Carjacking

Carjacking is a form of Robbery. It is basically robbery of a motor vehicle (California Penal Code Section 215). Carjacking is the felonious taking of a motor vehicle in the possession of another against his/her will, from his/her immediate presence accomplished by force or fear. Carjacking is also a serious and violent felony punishable by state prison.

Penalties for carjacking may include up to nine years in a California state prison. In some cases it may add up to more years if you, used a gun at the time of the carjacking, injured a victim, kidnapped a victim during the carjacking, or if you committed the offense in order to benefit a gang.

In order to be convicted of carjacking, the prosecutor must first prove that you took a car from a person who had possession of the vehicle from his/her immediate presence. The prosecutor must also prove that you did so against his/her will using force or fear in order to deprive the victim of the car.

It is important to know that if you are the owner of the car, this can not be used as defense. If you used force or fear in order to take the car away from someone you will still be charged with carjacking.

If you have any question or concerns regarding a criminal charge, contact the Law Offices of David Chesley today and speak with one of our legal professionals. Our lines are open 24 hours a day, 7 days a week.

 

Carjacking: California Penal Code 215

 

(a) “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.

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

(c) This section shall not be construed to supersede or affect Section 211. 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.

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Grand Theft

The Penal Code in California defines the severity of an offense and punishments by the value of the object or property stolen, and in the manner, it is stolen from the owner of the property. Learn More
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Robbery

California’s penal code 211 defines robbery as the act of felonious taking of property or something of value from the possession of another person by force or fear. Learn More
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Petty Theft

The penal code 484 in California’s law defines petty theft as stealing, taking, carrying, or embezzling property or money of another person that is capped at $950. Learn More
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Burglary

California’s Health & Safety Code has many sections that deal with the various offenses related to Marijuana. Learn More
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Fraud

In California, Fraud or Larceny is a criminal act resulting in criminal charges against the person committing the offense. Learn More
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Identity Theft

The number of cases of identity theft in California is increasing day by day, and it has become a prevalent crime in this age of Information Technology. Learn More

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Recent Results

  • Our client faced multiple serious charges in Los Angeles County, including Penal Code § 211 (Robbery), § 245(a)(1) (Assault with a Deadly Weapon), and § 245(a)(4) (Assault with Force Likely to Cause Great Bodily Injury). Unlike a co-defendant represented by another firm who pled to a felony conviction with a "strike," our legal team pursued a different strategy. Through the submission of a comprehensive mitigation package to the District Attorney, we successfully negotiated a complete dismissal of all charges.
  • Our client faced serious charges under Penal Code section 211 for alleged felony robbery involving force and fear in Riverside County (Murrieta Court) . The prosecution argued that probation was not appropriate due to our client’s prior felony convictions in San Bernardino County, including a previous robbery in April 2021 and grand theft in November 2019. Despite the severity of these allegations, our legal team successfully demonstrated insufficient evidence during the preliminary hearing. As a result, all charges were dismissed. This outcome allowed our client to move forward without the burden of a new conviction.
  • Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
  • Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
  • Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
  • Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
  • Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
  • Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

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