While you may have a specific vision apply when you think about charges of carjacking, the state of California defines it as the felonious taking of a vehicle from another person, against their will, and with the intent of depriving them of the vehicle, whether permanently or temporarily, and involving the use of either fear or force.
Anyone charged with a criminal offense should contact a criminal defense attorney as soon as possible but this is especially true with this particular burglary charge. Keep reading to learn the six things you should know and then contact Law Offices of Torrence L. Howell at 909-920-0908 for your legal consultation.
- Carjacking is a felony
- Carjacking counts as a strike
- The punishment increase drastically if a gun is used
- The prosecution must prove that force or fear were used
- A person could be convicted of carjacking for taking a person’s keys
- It doesn’t matter where you took the car
Other burglary charges are often wobbler offenses, which means they can be charged as felonies or misdemeanors. Carjacking is always a felony and can result in a prison sentence of three years, five years, or nine years.
California’s famous Three Strikes Law means that if a person is repeatedly convicted of certain felonies, their sentences will automatically increase. When they are convicted of a third felony they will face 25 years to life. Carjacking does count as a strike.
When a person uses a gun during the commission of any crime, they expect sentencing enhancements. In most cases, it will be one year if the weapon was a gun, three years if the weapon was an assault weapon, and three years if another type of deadly or dangerous weapon is used.
It is not enough to simply take a car to be guilty of carjacking. The prosecution must also prove that force or fear were used.
It does not actually matter if a perpetrator took the vehicle but rather if they used force or fear to try and get their vehicle. It could be that they simply got the car keys with the intent to take the vehicle and they would be considered guilty of carjacking.
Another felony applies if you actually drove off with the car but it is important to understand that the distance you went does not matter. It could be as simple as driving the car across the street – it is the act itself that matters, not how far it was moved.
If you have been charged with carjacking or a family member has, then you need an experienced criminal defense attorney. You have found one in Law Offices of Torrence L. Howell. Call our offices today at 909-920-0908 to find out what your options are. Whether we strike an aggressive plea deal or take the case to court, you can count on us to fight for the best possible outcome.
