Carjacking in California: Penal Code 215 PC
Carjacking?California Penal Code Section 215 PC
Carjacking is the unlawful taking of a vehicle in the possession of another, from them, or in their immediate presence without their permission, and with the intent to permanently or temporarily deprive that person. of the vehicle.?California Penal Code Section 215 PC is a follows:??(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.
Carjacking Crime in California
California Penal Code section 215?defines carjacking as stealing an automobile when the driver, passenger, or owner is in it or nearby. Prosecution must prove all five elements are present to prove that you are “guilty” of carjacking:
1. You took a vehicle that did not belong to you
2. The vehicle’s driver, passenger, or owner was nearby
3. That person did not want you to take the vehicle
4. By using force or frightening that person, you took the vehicle or kept them from stopping you
5. And you did all of this intending that this person no longer have the vehicle for any amount of time
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Carjacking is punishable by imprisonment in the state prison for a term of Three, five, or nine years.
California Vehicle Theft Crimes?and Penalties
There are a few laws in California which impose criminal charges for taking a vehicle without permission in California. A few common criminal charges involving vehicle theft crimes are:?
- Unauthorized Use of Vehicle?Vehicle Code Section 10851 VC, otherwise known as “Joyriding”, which involves the unlawful taking or tampering with a vehicle
- Carjacking?California Penal Code Section 215 PC
- Grand Theft Auto Penal Code Section 487(d)(1) PC
Los Angeles Carjacking?Lawyer:?Penal Code Section 215 PC
A experienced carjacking defense attorney will attempt to reduced a felony grand theft auto charge to a misdemeanor upon filing a motion pursuant to Penal Code section 17(b). If you have been charged with grand theft auto in Los Angeles, call The Manuelian Law Firm today for a free consultation.?R.J. Manuelian is a well-reputed?Los Angeles criminal defense attorney? that has defended clients facing?grand theft auto charges.
Manuelian Law Firm
Address:?633 W 5th Street #5710, Los Angeles, CA 90071
Phone: (213) 401-2777