Carjacking

Carjacking is a serious crime. Most carjacking offenders forcibly take a car from its driver or owner, often with the use of physical force or threats. Victims of this crime feel particularly vulnerable, as their safety and possessions are in danger. Carjacking poses risks not only to the victims but also to innocent bystanders. When carjackers flee, they often drive recklessly, endangering others who are simply going about their daily lives. This reckless behavior can lead to severe accidents and injuries, increasing the risk to everyone nearby. Because of the grave threat to public safety, law enforcement officers aggressively pursue those accused of carjacking. This translates to an equally aggressive pursuit by prosecutors to secure a conviction. Thus, considering the prosecutor's relentless efforts, you need a defense lawyer who is just as determined to fight the allegations as you are. You should, therefore, turn to the Monterey Criminal Attorney for assistance.

Carjacking could seem like an open-and-shut case. However, the crime is nuanced. The information below will help you understand what amounts to carjacking, the defenses we could use in your defense, and the likely penalties those convicted of the crime face.

What is Carjacking Under California Law?

Carjacking is the criminal act of forcibly taking a motor vehicle from someone who possesses it, either directly or from their immediate presence or a passenger’s. The offender uses threats or force to deprive the owner of the vehicle against their will, aiming to do so either temporarily or permanently.

Prosecutors must establish their case against you beyond a reasonable doubt. They must prove specific elements as accurate for the jury to be convinced of your guilt. Prosecutors should demonstrate the following:

• You forcibly took the vehicle —You must have threatened the owner or the driver or used force to take the car.

• Another person had the vehicle — The car needs to be in the hands of another person, or a passenger needs to be present in person.

• The driver or owner did not consent — You took the vehicle against the will of the person possessing it.

• You intended to deprive the possessor of the vehicle — You must intend to deprive the person of the car, either temporarily or permanently.

Let us examine these elements more closely and in more detail.

1. The Vehicle Was in the Possession and Immediate Presence of Another Person

Carjacking, as defined by Penal Code 215, involves forcibly obtaining a vehicle by physical force or threats. That explains why when carjacking comes to mind, the immediate picture is an offender threatening a life to commandeer a car.

Two crucial elements prosecutors must prove are:

• The driver must have possessed the vehicle — The vehicle must have been under the driver’s control. This shows that the victim had the authority and ability to operate the car when the crime occurred.

• The driver must also be near the vehicle — The car must have been close to the driver or a passenger. Instances include when the driver is inside the car or close enough that he/she could retake it immediately, were it not for your actions. This requirement would help the prosecutor show the jury the personal danger the victim faced when you allegedly confronted the victim using force or other coercive tactics.

The focus of the elements mentioned above introduces the brutal and dangerous situation the victim faced. Penal Code 215 shows that carjacking entails more than just taking a car. It also involves confronting the victim directly and violently.

Carjacking should not be mistaken for grand theft auto or vice versa. Grand theft auto (GTA) involves taking someone else’s car to deny the owner access to it permanently or temporarily. The prosecution must prove that you purposefully took someone else's car without their permission or deprive them of it to convict you of grand theft auto.

The element of intimidation and fear is what primarily distinguishes carjacking from grand theft auto. When you commit carjacking, you directly confront the victim and take the vehicle using force or threats. Thus, carjacking is a more violent and serious crime than grand theft auto.

2. You Forcibly Took The Vehicle

An allegation of carjacking is invalid if the victim voluntarily handed you the car. Prosecutors must show that the victim turned over the vehicle against their will for you to be found guilty of the crime. This means that prosecutors must demonstrate that you coerced the victim into giving up the car by using force, threats, or intimidation.

Consent is a voluntary given. The consenting party gives it after understanding all the facts needed to make the informed choice. Moreover, the consenting party will agree to participate in an activity or allow something to occur, like giving out his/her vehicle. Valid consent must fulfill the following conditions:

• Voluntary participation — The victim must voluntarily consent, subject to no coercion, threats, or other forms of coercion. They must decide on their own, free from outside interference.

• Knowledgeable — The victim must be fully aware of what they are committing. This means understanding the nature of the action or decision, possible dangers, and outcomes.

• Capacity — The victim's ability to offer permission must be mentally and legally sound. The victim must be at least 18 years old and have the mental capacity to comprehend the consequences of their consent.

• Particular — The victim's consent must be specific to the action or choice. Approval of a single action does not automatically imply approval of subsequent, unrelated actions.

• Revocable — The victim can change their mind at any moment. Even if they first consented, individuals can alter their minds and withdraw their consent.

Carjacking puts the victim in a position where they feel forced, either by physical force or terror, to give over their car. Prosecutors must show this to prove that the victim had no choice but to comply. They must prove that you physically attacked the victim or threatened to hurt them to seize ownership of the car. For example, approaching a driver, demanding their car while brandishing a weapon, and the driver handing up the keys out of fear for their safety.

3. The Use of Force or Fear

The use of force and fear makes victims unable to consent. Thus, fear and force become critical elements in establishing your culpability in a carjacking case. Legally speaking, fear must be genuine. That is, it must genuinely convince the victim that they or their loved ones are in imminent danger.

The use of force can be described as coercing someone into acting against his/her will by using physical force or other violent means. These means include hitting, grabbing, restraining, or similar acts. Even slight physical pressure to force compliance could be regarded as a force.

When you invoke fear, it must be genuine and can target the victim or those close to them. For example, the victim has to feel genuine and immediate fear if you brandish a weapon or threaten them with harm. The victim's family members or close friends could also experience this fear, which will increase the psychological pressure to comply. The law acknowledges that threats made against a loved one can have a substantial impact on the victim's decisions and behavior, just as direct threats can.

Prosecutors must demonstrate that you used force or fear to coerce the victim to give up their car against their will. They must present evidence that you created a situation where the victim felt they had no choice but to comply due to the immediate threat of harm.

Further, the victim does not need to be consciously aware that you used fear or intimidation for this element to apply. This consideration is important because people can still become victims, even those who are incapable of understanding or identifying risks, like infants. The focus is on whether your acts created fear or intimidation, not on whether the victim knew you were doing it. For example, the law still views an infant as a victim of carjacking if you use violence or threats in front of the child. Regardless of the victim's capacity to perceive or comprehend what is happening, the emphasis is on the impact of your activities on their well-being.

4. You Intended to Deprive the Possessor of the Vehicle

To convince the jury to convict you, the prosecutors must prove that you planned to take the car either permanently or temporarily. It does not matter if you intend to keep the vehicle, sell it, or only use it briefly. The critical consideration is taking the car against the owner or possessor's wishes.

Prosecutors will review the specifics of the incident to establish your intent. They will look at your behavior and any words you made during the carjacking and use them as evidence that you planned to take control of the car without authorization.

Defenses You Can Use in a Carjacking Case

Given the gravity of carjacking charges, you need the assistance of a skilled defense attorney. Your lawyer will carefully review every aspect of your case and develop an effective defense strategy that suits your situation. Here are a few common defenses that apply in carjacking cases:

1. The Driver or the Vehicle’s Owner Consented

If the vehicle’s owner or the driver willingly gave you possession of the car, your attorney can argue that no carjacking occurred because the transfer was consensual. While using this defense, your attorney will aim to demonstrate that the owner or driver gave up the car voluntarily and without coercion, fear, or threats. Your attorney will gather evidence to support this claim, including witness accounts, audio recordings, video footage, or correspondence demonstrating the consensual transfer. For a carjacking case, you must show that this consent satisfies all legal requirements.

Giving consent puts into question the fundamental components of carjacking, which include the use of force or terror. Your lawyer convinces the courts to reduce or even drop the carjacking charges if he/she demonstrates that the owner turned the vehicle over voluntarily.

2. You Did Not Use Force or Fear

You can justify that you did not use force or fear to counter arguments that carjacking had occurred. Fear or force is a crucial element in a carjacking case. Your defense will be to deny anything that may be said about force or any other fear-inducing strategy. This could involve showing the courts that the victim’s perception of fear was wrong or even a mere overreaction. Moreover, you can provide the court with evidence suggesting that the alleged victim transferred the vehicle willingly and not due to force.

You can significantly weaken the prosecution's evidence if you prove that you did not use force or intimidation. This could lead to reduced charges or the complete dismissal of the carjacking case.

3. You Were Mistakenly Identified as the Offender

Carjackings can deeply traumatize victims. This could affect their ability to accurately recall and identify the perpetrator. The psychological consequences of this incident can result in the wrong identification of you as the culprit. If the main evidence of the prosecution is your identification by the victim as the culprit, then the prosecution has to ensure that there is no reasonable doubt that you are the culprit. Due to this reason, the evidence collected against you must meet this burden of proof.

If the victim’s memory is impaired due to the trauma and they identify you as the offender, your attorney will dispute this evidence. Your attorney will ask whether the trauma might have interfered with the victim’s memory and the reliability of the identification.

4. You are a Victim of False Accusations

You can be accused of being the carjacker even if you have never even met the carjacker before. If so, you can disprove all the allegations that have been leveled against you by proving that they are baseless and have no evidence to support them. Your attorney will scrutinize the charges’ details and make the prosecution’s failure or omission conspicuous. Your goal is to prove that you have no connection with the carjacking.

You should also find out any other cause for the false allegations. Quite often, these accusations could stem from interpersonal conflict, misunderstanding, or an effort to place blame. Your defense will reveal these reasons and explain how your accuser used them in their allegations.

Also, you can question the admissibility of the prosecution evidence. Your attorney will investigate all questionable or forged evidence that could be produced in court. Thus, you can weaken the prosecution’s argument by pointing at mistakes made while taking statements from witnesses or processing the evidence.

A Claim of Right is Not a Valid Defense

You cannot use force or intimidation to recover a car, even if it is yours. Doing so would result in a carjacking charge. Penal Code 215 focuses on forcing or threatening to take a vehicle, regardless of who the rightful owner is. The law focuses on the manner in which the property is taken, not on the difference between legal possession and unlawful taking.

Whenever you have issues with the one in possession of your car, seek legal assistance to avoid being charged with carjacking. Do not use force. Instead, work with the police or sue for monetary damages in civil court. Following the proper legal procedures ensures you can avoid falling into the carjacking trap when trying to reclaim your car.

Legal Repercussions of Carjacking

Penalties for carjacking convictions include the following:

• 3, 5, or 9 years in state prison or

• probation and a year in county jail, and/or

• A fine not exceeding $10,000.

Furthermore, the same penalties apply to every victim inside the vehicle during the carjacking. You should expect the severity of the penalties to vary according to the number of individuals who were victims of your actions.

As a violent crime, carjacking is subject to the Three Strikes rule, which makes it a strikeable violation. You will earn a strike on your record when convicted of carjacking. Because the Three Strikes statute imposes heavier terms with each subsequent felony conviction, it substantially impacts repeat offenders.

A strike on your record increases the severity of subsequent felony convictions and your immediate sentence. Penalties increase with each subsequent strike, resulting in longer prison terms and fewer chances for release. A third strike, for example, can result in a sentence of 25 years to life, and a second strike can double the term for a subsequent infraction.

Further, you must complete at least 85% of your sentence to be eligible for parole.

Carjacking penalties will increase in cases with aggravating factors. In particular, these factors are:

• Causing the victim to sustain great bodily injury.

• Committing the crime to further gang activities.

• Using a gun while carjacking another, which triggers the penalties under 10-to-20-life, and you are done law.

• Potential felony-murder penalties.

1. Causing the Victim to Sustain Great Bodily Injury

If the victim of a carjacking sustains serious physical harm, Penal Code 12022.7 will increase your sentence by three to six years. You will be required to serve these extra years concurrently.

2. Committing the Crime to Further Gang Activities

Penal Code 186.22 imposes additional penalties for carjacking committed in furtherance of gang operations. You could receive a further sentence that runs concurrently from your present sentence, ranging from fifteen years to life in prison.

Committing a crime in furtherance of gang activity means you perform the crime to benefit or support a gang. This could entail carrying out gang directives, enhancing the gang's image, or supporting its objectives. The law considers these activities to be grave due to their role in gang violence and organized crime.

3. Using a Gun While Carjacking Another

Using a gun during a crime significantly raises the victim's danger of harm or death. Penal Code 12022.53 addresses this by imposing the 10-20-life provision. This provision increases your punishment by 10 years for using a gun, 20 years for firing one, and 25 years for causing grievous bodily harm or death with one.

4. Felony Murder

The felony-murder rule is applicable in cases where carjacking results in the victim's death if the murder happens during or immediately after the crime. Regardless of your intentions, this regulation holds you accountable for any deaths caused by carjacking.

The regulation also addresses deaths that occur as a result of carjacking, including unintentional deaths brought on by your conduct. California law provides harsh penalties if prosecutors charge you with murder under this criteria. These punishments range from life in prison with the potential of release to life in prison without the possibility of release and, in rare situations, the death sentence.

Further Consequences of Being Convicted for Carjacking

Carjacking is a violent felony that qualifies as a crime involving moral turpitude (CIMT). Crimes against humanity that seriously violate moral norms are CIMTs, which usually involve fraud, deception, or purposeful injury. This includes taking a car by force, often with threats or physical force.

A conviction for carjacking, therefore, has serious implications for immigration for noncitizens. If found guilty of this offense, authorities will probably deport you per U.S. immigration law. This is because committing a CIMT suggests a lack of moral integrity in the nation. Furthermore, you risk being declared inadmissible, meaning you will not reenter the country once deported.

Find a Criminal Defense Attorney Near Me

Facing carjacking charges can be overwhelming, and a conviction carries serious consequences. You need knowledgeable legal counsel to help you through this difficult situation and develop a solid defense. A skilled criminal defense lawyer will assess the available evidence, identify holes in the prosecution's case, and develop a defense plan specifically for you. They will handle negotiations with prosecutors, challenge evidence, and uphold your rights throughout the legal procedure.

Consider seeking the assistance of the Monterey Criminal Attorney if you are facing allegations of carjacking. Our team of competent experts can provide the necessary expertise since we specialize in criminal defense. To discuss your case and learn about your legal alternatives, contact us at 831-574-1791. With our assistance, you can confidently address these charges and work toward a favorable resolution.