Carjacking
Orange County Carjacking Attorney
Carjacking Attorney in Orange County
If you’re being accused of carjacking you need to call the Orange County criminal attorney experts at the Law Offices of Michael L. Guisti right away so our legal experts can work to reduce charges and keep you out of jail.
It’s VERY important to understand the crime of carjacking is taken very seriously and carries a longer jail sentence than most grand theft auto cases, and if you’re being accused and/or charged with carjacking it’s very important to contact our Orange County carjacking lawyer specialists.
The Crime of Carjacking
Carjacking is defined by Penal Code (PC) 215 as the taking of a vehicle from someone's immediate possession accomplished through force or fear.
Carjacking is generally charged along with crimes like auto theft and auto burglary, but, according to one expert Orange County theft crimes attorney, what generally invites the charge of carjacking is when a suspect, as outlined in PC 215, uses force and fear towards another person to steal their car.
For the Orange County District Attorney to sustain a carjacking charge they must prove that, the suspect stole a car; that the car was taken from the immediate presence of someone who possessed the car or from a passenger; the car was taken against that person's will; the suspect used force or fear to take the vehicle or to prevent that person from resisting and intended to deprive the other person of possession of the car either temporarily or permanently.
One Orange County criminal defense lawyer stresses that regardless of whether or not you intended to keep the car or just go joyriding will make no difference in the carjacking charge, because if you allegedly used fear and force the DA will consider that carjacking. So even if the suspect drove the car a half-block and got out, as long as the suspect used fear and force against another person to steal the car they’ll likely be charged with carjacking.
Your Defense
As an Orange County auto theft lawyer explains, if there was no live victim at the time you allegedly stole a car, such as you happened to allegedly steal a car you saw parked on the street and nobody was ever in it or was ever there to claim the car as their own, you cannot be charged with carjacking, because you never used force or fear towards another person.
Bottom line, as long as you didn’t use any fear or force towards another person at the time you allegedly stole the car you should not be brought up on carjacking charges.
If Convicted
Carjacking under PC 215 is a felony and if convicted you face up to nine years in a California State Prison, plus additional time if a weapon is used or someone was injured. That is in addition to punishments if you’re convicted for auto theft and auto burglary.
Furthermore, if convicted of carjacking it counts as a “strike,” according to California’s Three Strikes law.
Call Us Now!
As you’ve read the charge of carjacking is taken more serious than many auto theft cases, which is why you need to call the Orange County theft crimes lawyers at the Law Offices of Michael L. Guisti right away at 888-478-8999.
With our legal team by your side we will work to see if you really committed the crime of carjacking and work to get you the best possible outcome.
