In the state of California, it is illegal to take a motor vehicle in the possession of another. When force is used to take the car then the conduct is known as car jacking. Car jacking is codified under California Penal Code (CPC) Section 215. Under the statute, the crime has been committed so long as force is used to deprive another of a car, and it does not matter if the person attacked was the owner or driver of the vehicle. Car jacking is often confused with the crime of robbery. Essentially, carjacking is a robbery but with the added intent to take another’s motor vehicle for some period of time.
What are the penalties if you are convicted for car jacking?
Being convicted of a carjacking in California has serious legal ramifications. This is a felony offense and if you are convicted you face the possibility of serving a prison sentence for a term of three, five, or nine years at a California correctional facility. California laws in these situations can be very tough. Car jacking is among the offenses that the state has classified as a strike under the California’s three strikes law. Under this law, if you have two or more felony convictions which are classified as serious or violent on your criminal record, being convicted of a third felony will result in you having to serve 25 years to life in prison.
What are the California car jacking defenses?
As with any crime you have been charged with, you are innocent until proven guilty. The prosecution has the burden of removing all doubt about your guilt. Evidence can be presented which casts doubt on whether the misconduct actually took place. There are many different defenses that can be brought, depending on the circumstances. Some of the most common include:
There are many individuals who have been wrongfully convicted because the state has relied upon eyewitness testimony. According to many advocacy organizations, eyewitness mistakes are the greatest cause of wrongful convictions nationwide. Our Orange County criminal defense attorney will vigorously challenge any eyewitness’s testimony that the state attempts to introduce as evidence in your case. It is important to ensure this testimony is challenged because of its notorious unreliability.
Sometimes bad things happen to good people because not everyone conducts themselves with good intentions. Unfortunately, a person may be wrongly accused of crime because someone else has it in for them or has the desire to see a person punished. Our attorneys thoroughly review each case independently from the arresting incident. We scrutinize all facts and evidence to ensure that your legal rights are not compromised. We will fight to the end, even if it means taking your case to trial.
Orange County Car Jacking Defense at the Law Office of Lauren K. Johnson
Our criminal defense attorney at the Law Office of Lauren K. Johnson is proud to represent all those who have been charged with crimes in our area. Dealing with the legal ramifications of these charges is never easy for those involved. It is made much worse when one does not have an experienced, legal professional in their corner fighting for their rights every step of the way. Everyone deserves the best defense possible. Please do not try to go it alone. Get in touch with our Orange County criminal defense lawyer as soon as possible. We can be reached by phone at 949-622-5522 or you can send us a message online today.