Carjacking under Penal Code § 215 PC is a serious crime with severe penalties. However, defenses such as lack of force, mistaken identity, or consent may help reduce or dismiss charges. If you or a loved one is facing carjacking charges, it’s critical to consult an experienced criminal defense attorney to build a strong case. At Grace Legal Group, we are dedicated to protecting your rights and providing the best possible defense. Contact us today for a free consultation.
Penal Code § 215 PC - Carjacking
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1. What is Penal Code § 215 PC?
Penal Code § 215 PC Law Reads As Followed:
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.
2. What Are Examples of Penal Code § 215 PC?
Penal Code § 215 PC defines carjacking as the forcible or fear-based taking of a vehicle from someone’s immediate possession. While the law clearly outlines the elements required for conviction, understanding real-world examples can help illustrate what actions may or may not constitute a violation of this statute. Below, we explore various scenarios to better understand how Penal Code § 215 PC applies.
1. Armed Carjacking
A classic example of carjacking involves a perpetrator approaching a driver at a stoplight, pointing a firearm, and demanding the driver exits the vehicle. If the driver, fearing for their safety, complies and the perpetrator drives away in the car, this constitutes carjacking under Penal Code § 215 PC.
The key factors here include:
The use of a firearm to instill fear.
The driver’s immediate possession of the car.
The intent to deprive the driver of the vehicle.
2. Force Without a Weapon
Carjacking does not require the use of a weapon. For instance, if a suspect physically pulls a driver out of their vehicle and drives off, this also qualifies as carjacking. In this case, physical force alone is sufficient to meet the “force or fear” element of the crime.
3. Carjacking with a Passenger Present
Carjacking applies even when the vehicle’s owner is not the driver. For example, if a perpetrator forces a rideshare driver out of their car while a passenger is still inside, the crime affects both the driver and the passenger. Penal Code § 215 PC treats each victim in the car as a separate count of carjacking.
4. Stealing a Car from a Driveway
Consider a situation where a homeowner runs outside after seeing someone start their car in the driveway. The suspect uses threats or displays a weapon to scare the homeowner into retreating, then drives away with the vehicle. This scenario constitutes carjacking because:
The car was in the homeowner’s “immediate presence.”
The suspect used fear to complete the act.
5. Threatening a Passenger to Surrender a Vehicle
Carjacking also applies to cases involving passengers. If a suspect enters a vehicle, threatens a passenger with harm, and demands control of the car, this fulfills the carjacking criteria. For example, if a suspect orders a passenger to hand over the keys at knifepoint, even if the vehicle’s owner is not present, the crime still qualifies as carjacking.
6. Carjacking Without the Driver’s Awareness
A less obvious example involves a sleeping or unconscious victim. For instance, if someone takes a parked car while an unconscious individual is inside, the act still qualifies as carjacking. The law protects individuals who are unaware of the situation as long as the crime involves force or fear.
7. Carjacking During a Rideshare Trip
A rideshare driver picks up a passenger who, during the trip, brandishes a weapon and forces the driver out of the car. The passenger then drives off in the vehicle. In this situation, the use of fear and the removal of the driver from their immediate possession of the car constitute carjacking.
8. Kidnapping During a Carjacking
If a perpetrator forces the vehicle owner to remain in the car and drives to another location against their will, the crime becomes more severe. This combination of carjacking and kidnapping, known as “kidnapping during a carjacking” under Penal Code § 209.5, carries additional penalties.
9. Carjacking for a Temporary Purpose
Carjacking can occur even when the perpetrator does not intend to keep the vehicle permanently. For example, if someone forces a driver out of their car to use it as a getaway vehicle but abandons it a short distance away, the crime is still classified as carjacking under Penal Code § 215 PC.
10. Intimidation Without Physical Contact
Carjacking does not always involve physical contact. For instance, a suspect approaches a driver at a gas station, gestures to a concealed weapon, and demands the driver hand over the car keys. Even without showing or using the weapon, the act of inducing fear to take possession of the vehicle satisfies the criteria for carjacking.
Scenarios That Do Not Qualify as Carjacking
While carjacking is a severe offense, not every instance of vehicle theft qualifies as carjacking. Here are some examples of situations that may lead to lesser charges, such as grand theft auto or joyriding:
Unattended Vehicles: Taking a parked car without the owner or passengers present is not carjacking but may constitute grand theft auto.
No Use of Force or Fear: If the vehicle is taken without using intimidation, threats, or violence, it does not meet the legal definition of carjacking.
Consent: If the vehicle’s owner willingly allows someone to borrow their car, and it is not returned, this does not qualify as carjacking.
3. What are Common Defenses Against Penal Code § 215 PC?
Carjacking, as defined under California Penal Code § 215 PC, is the unlawful taking of a vehicle from another person’s immediate possession through the use of force or fear. Because it is classified as a serious felony, a conviction can lead to harsh penalties, including lengthy prison sentences and significant fines. However, a skilled criminal defense attorney can present various defenses to challenge the charges and protect your rights. Below are some of the most common defenses used in carjacking cases.
1. Lack of Force or Fear
One of the key elements of Penal Code § 215 PC is that the vehicle must be taken through the use of force or fear. If the prosecution cannot prove this element, the defendant cannot be convicted of carjacking.
Example:
You see a car parked with the keys in the ignition and no one inside. You get in and drive away. While this act might constitute grand theft auto, it does not qualify as carjacking because no force or fear was used against the vehicle’s owner.
Defense Strategy:
Your attorney can argue that the taking of the vehicle lacked the coercion or intimidation required for a carjacking conviction.
2. Consent from the Vehicle Owner
Carjacking only occurs when the vehicle is taken against the will of the owner or person in possession of the car. If you had the owner’s consent to take or use the vehicle, even if there was a later misunderstanding or dispute, this defense may apply.
Example:
A friend loans you their car, but you fail to return it by the agreed-upon time. While your friend might accuse you of carjacking, the initial consent to use the vehicle invalidates the carjacking claim.
Defense Strategy:
Your attorney can provide evidence that the owner gave you permission to use the car, such as text messages, witnesses, or prior agreements.
3. Mistaken Identity
Carjacking is often a chaotic and stressful event, which can impair a victim’s ability to correctly identify the perpetrator. Mistaken identity is a leading cause of wrongful convictions, and it is not uncommon for someone to be falsely accused of carjacking due to a misidentification.
Example:
A carjacking occurs at night, and the victim identifies someone based on clothing or general appearance. However, the defendant has an alibi proving they were not present at the scene.
Defense Strategy:
Your attorney may challenge the accuracy of the identification by highlighting poor lighting conditions, the victim’s stress, or suggestive police procedures. Expert testimony on the unreliability of eyewitness identification may also be introduced.
4. No Intent to Deprive
Intent is a critical element of carjacking under Penal Code § 215 PC. The prosecution must prove that the defendant intended to deprive the victim of their vehicle, even temporarily. If the intent is absent, carjacking charges cannot stand.
Example:
You move someone’s car in a parking lot to create space for your own vehicle. Since there was no intent to deprive the owner of the car, this would not constitute carjacking.
Defense Strategy:
Your attorney can argue that your actions were misinterpreted and that you had no intention of taking the car permanently or temporarily.
5. False Accusations
False accusations can arise due to misunderstandings, personal disputes, or malicious intent. A person may fabricate a carjacking claim to cover up their own wrongdoing or to retaliate against the accused.
Example:
An acquaintance accuses you of carjacking after a disagreement, even though they voluntarily handed you the keys to their car.
Defense Strategy:
Your attorney will investigate the motives of the accuser and gather evidence to demonstrate that the allegations are false, such as prior conflicts or contradictory statements.
6. Insufficient Evidence
The prosecution bears the burden of proving every element of carjacking beyond a reasonable doubt. If there is insufficient evidence to establish one or more elements of the crime, the charges may be reduced or dismissed.
Defense Strategy:
Your attorney will scrutinize the evidence presented by the prosecution, such as surveillance footage, witness testimony, or police reports, to identify gaps or inconsistencies.
7. Alibi Defense
If you were not at the scene of the alleged carjacking, you could present an alibi to prove your innocence. Witnesses, video footage, or electronic records (such as GPS data) can support this defense.
Example:
You are accused of carjacking, but phone records show you were at home during the time of the incident.
Defense Strategy:
Your attorney will collect and present evidence to show that you were elsewhere when the crime occurred.
8. Lack of Immediate Possession
For a carjacking conviction, the vehicle must be taken from the immediate possession of the victim. If the car was not within the victim’s reach, observation, or control, this element of the crime is not met.
Example:
You take a car from a public parking lot while the owner is inside a store. Since the vehicle was not in the owner’s immediate presence, this may not qualify as carjacking.
Defense Strategy:
Your attorney will argue that the car was not within the victim’s immediate possession at the time of the alleged offense.
9. Claim of Right Defense Does Not Apply
It is important to note that under California law, a “claim of right” defense does not apply to carjacking cases. Even if you are the rightful owner of the vehicle, using force or fear to regain possession constitutes carjacking.
Example:
A defendant forces their ex-partner out of a shared car, claiming they are a co-owner. Despite ownership, the use of force makes this act carjacking.
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4. What are The Penalties for Violating Penal Code § 215 PC?
Violating Penal Code § 215 PC, California’s carjacking law, is a serious offense that carries severe penalties. A carjacking conviction can result in significant prison time, hefty fines, and additional sentencing enhancements depending on the circumstances of the crime. Below, we break down the penalties for carjacking, the factors that can increase these penalties, and other consequences that individuals convicted of this crime may face.
Base Penalties for Carjacking
Carjacking is classified as a felony under California law, with standard penalties including:
Prison Sentence:
A conviction under Penal Code § 215 PC carries a sentence of:Three, five, or nine years in California state prison.
The exact term depends on the severity of the crime and any aggravating or mitigating circumstances.
Fines:
A maximum fine of $10,000 can be imposed in addition to the prison sentence.
Penalties for Each Victim:
If multiple victims are present in the vehicle at the time of the carjacking, the defendant can face separate charges for each victim. This means penalties may be multiplied based on the number of individuals affected by the crime.
Sentencing Enhancements for Carjacking
In addition to the base penalties, carjacking sentences can be significantly increased if certain aggravating factors are present. Some of the most common sentencing enhancements include:
1. Great Bodily Injury (Penal Code § 12022.7)
If the defendant causes serious physical injury to another person during the commission of the carjacking, an additional prison term of three to six years may be added to the sentence.
2. Criminal Street Gang Involvement (Penal Code § 186.22)
If the carjacking is committed for the benefit of, at the direction of, or in association with a criminal street gang, the defendant faces an additional sentence of 15 years to life in state prison.
3. Firearm Use (Penal Code § 12022.53)
Under California’s “10-20-Life” law, if a firearm is used during the commission of a carjacking, the following enhancements apply:
10 years for using a firearm.
20 years for firing a firearm.
25 years to life if the firearm causes great bodily injury or death.
These enhancements are added consecutively to the base carjacking sentence.
4. Kidnapping During a Carjacking (Penal Code § 209.5)
If the defendant moves the victim a substantial distance during the carjacking, and the movement increases the risk of harm, the crime becomes “kidnapping during a carjacking.” This enhancement carries a sentence of life in prison with the possibility of parole.
5. Felony-Murder Rule
If a person dies during the commission of a carjacking—whether intentionally or unintentionally—the defendant may be charged with first-degree murder under California’s felony-murder rule. This applies even if the death was accidental, such as the victim suffering a heart attack due to stress.
Carjacking and the Three Strikes Law
Carjacking is classified as a violent felony under California’s Three Strikes Law. A conviction carries the following consequences:
Strike on Record:
A carjacking conviction counts as one “strike” on the defendant’s criminal record.
Second Strike:
If the defendant commits another felony with one prior strike, the sentence is doubled.
Third Strike:
If the defendant commits a third felony with two prior strikes, they face a mandatory sentence of 25 years to life in prison.
Minimum Sentence Requirement:
A defendant convicted of a violent felony must serve at least 85% of their sentence before becoming eligible for parole.
Immigration Consequences
Carjacking is considered an “aggravated felony” under U.S. immigration law. Non-citizens convicted of carjacking may face:
Deportation or Removal: Even legal immigrants can be deported after a carjacking conviction.
Inadmissibility: The conviction can bar reentry into the United States or prevent an individual from becoming a naturalized citizen.
Impact on Employment and Civil Rights
In addition to legal penalties, a carjacking conviction can have lasting consequences on an individual’s life, including:
Loss of Employment Opportunities:
A felony conviction can make it difficult to secure employment, especially in industries that require a clean criminal record.
Loss of Civil Rights:
Convicted felons lose certain rights, such as the right to vote while incarcerated and the right to own or possess firearms.
Difficulty Securing Housing:
Landlords may deny housing to individuals with felony convictions.
Expungement and Post-Conviction Relief
While a carjacking conviction carries severe penalties, individuals may explore post-conviction relief options:
Expungement:
If the defendant completes their sentence and probation, they may qualify for expungement under Penal Code § 1203.4. However, expungement does not restore firearm rights for violent felonies.
Appeals:
Defendants may challenge their conviction on legal grounds, such as insufficient evidence or errors during trial.
Sentence Reduction:
In certain cases, sentences may be reduced through plea bargains or post-conviction motions.
5. What Are the Related Offenses To Penal Code § 215 PC?
Carjacking, defined under Penal Code § 215 PC, is a serious crime involving the unlawful taking of a vehicle from someone’s immediate possession through force or fear. However, depending on the circumstances of the offense, individuals charged with carjacking may also face additional or related charges. These offenses often overlap with carjacking because they involve similar elements such as violence, theft, or the unlawful taking of property.
Below, we explore some of the most common related offenses to Penal Code § 215 PC and their legal implications.
1. Robbery (Penal Code § 211 PC)
Robbery involves taking personal property from another person’s possession through force or fear. Because carjacking often involves forcibly taking a vehicle from its owner or driver, it can also meet the criteria for robbery.
Key Difference: Robbery applies to any personal property, not just vehicles. In a carjacking, the stolen item is specifically a motor vehicle.
Example: A defendant forces a driver out of their car and takes both the vehicle and the driver’s wallet. The defendant could be charged with both carjacking and robbery.
2. Grand Theft Auto (Penal Code § 487(d)(1) PC)
Grand theft auto occurs when someone takes a vehicle valued at $950 or more without the owner’s permission and with the intent to permanently deprive them of it. While carjacking involves the use of force or fear, grand theft auto does not.
Key Difference: Grand theft auto does not require the use of force or fear and typically involves unattended vehicles.
Example: A defendant steals a parked car from a driveway without confronting or threatening the owner. This would be charged as grand theft auto, not carjacking.
3. Auto Burglary (Penal Code § 459 PC)
Auto burglary involves entering a locked vehicle with the intent to steal property or commit a felony inside. Although carjacking involves forcibly taking a vehicle from someone’s possession, it may also involve auto burglary if the defendant unlawfully enters a locked car to complete the crime.
Example: A defendant breaks into a locked vehicle, confronts the owner when they return, and uses threats to take the car. The defendant could face charges for both auto burglary and carjacking.
4. Joyriding (Vehicle Code § 10851 VC)
Joyriding involves unlawfully taking or driving someone else’s vehicle without their permission, but without the intent to permanently deprive them of it. While carjacking often includes the intent to deprive the victim permanently or temporarily, joyriding charges typically apply when the vehicle is taken for a short-term use.
Key Difference: Joyriding does not require force or fear and involves the temporary use of a vehicle.
Example: A defendant takes a car without permission but plans to return it later. This is joyriding, not carjacking.
5. Assault with a Deadly Weapon (Penal Code § 245(a)(1) PC)
Assault with a deadly weapon occurs when someone attacks or attempts to attack another person using a weapon capable of causing great bodily injury or death. If a weapon is used during a carjacking, such as a firearm or knife, the defendant could face additional charges for assault with a deadly weapon.
Example: A defendant uses a knife to threaten a driver before taking their vehicle. In this case, the defendant could be charged with both carjacking and assault with a deadly weapon.
6. Kidnapping During a Carjacking (Penal Code § 209.5 PC)
Kidnapping during a carjacking occurs when the perpetrator moves the victim a substantial distance during the carjacking, and the movement increases the risk of harm to the victim. This offense carries harsher penalties, including life imprisonment with the possibility of parole.
Example: A defendant forces the driver to remain in the car while driving them to another location before abandoning them.
7. Battery (Penal Code § 242 PC)
Battery involves the unlawful use of force or violence against another person. If physical force is used to remove the driver or passenger from the vehicle during a carjacking, battery charges may also apply.
Example: A defendant physically drags the driver out of the car to take possession of the vehicle.
8. Battery Causing Serious Bodily Injury (Penal Code § 243(d) PC)
If the use of force during a carjacking causes the victim to suffer serious bodily injury, the defendant may face additional charges under Penal Code § 243(d). Serious bodily injury includes significant physical harm, such as broken bones or head trauma.
Example: A defendant punches a driver in the face, breaking their nose, before taking the car. The defendant could face charges for carjacking and battery causing serious bodily injury.
9. Felony Murder
Under California’s felony-murder rule, if someone dies during the commission of a carjacking, the defendant can be charged with first-degree murder, even if the death was unintentional. This applies to deaths that occur as a direct or indirect result of the crime.
Example: A victim suffers a fatal heart attack due to the stress of the carjacking. The defendant could face felony murder charges in addition to carjacking.
10. Criminal Threats (Penal Code § 422 PC)
If a defendant verbally threatens to harm the victim during a carjacking, they may also face charges for criminal threats. This applies when the threat causes the victim to fear for their safety.
Example: A defendant tells the driver, “Get out of the car, or I’ll kill you,” before taking the vehicle.
11. Resisting Arrest (Penal Code § 148 PC)
If a defendant resists, delays, or obstructs law enforcement during their arrest for carjacking, they may face additional charges for resisting arrest.
Example: A defendant flees the scene of the carjacking and struggles with officers during their apprehension.
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