OC Carjacking Lawyer - Penal Code (PC) 215
Are you facing carjacking charges? If so, it is imperative you contact the Orange County auto theft defense attorney at Law Office of Michael L. Guisti at (714) 530-9690. Our firm has helped a plethora of people successfully resolve their carjacking cases. It is our goal to reduce or eliminate your charges and keep you out of jail for your carjacking crime.
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. If you're being accused and/or charged with carjacking, it's vital you have an experienced lawyer on your side throughout the entirety of your case.
Carjacking is defined by Penal Code (PC) 215 as the taking of a vehicle from someone's immediate possession accomplished through force or fear. This type of crime is generally charged along with crimes such as auto theft and auto burglary, but, 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 OC District Attorney to proceed with a carjacking charge, they must prove the following:
- The suspect stole a car
- The car was taken from the immediate presence of the car owner or car passenger
- The car was taken against the owner's will
- The suspect used force or fear to take the vehicle or to prevent the owner / passenger from resisting and intended to deprive the other person of possession of the car
Regardless of whether or not you intended to keep the car or just wanted to go joyriding will make no difference in the carjacking charge, because if you allegedly used fear and force, the DA will consider that carjacking. Even if you drove the car a half-block and got out, as long as you used fear and force against another person to steal the car, you will likely be charged with carjacking.
"The cops were trying to pin carjacking on me, but Michael L. Guisti called them and got my carjacking charge dismissed. You're in some bad trouble call Michael L. Guisti. He gets you out."
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. Simply stated—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 face carjacking charges.
Carjacking, under PC 215, is a felony. 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. You may face additional penalties for conviction of auto theft or burglary. Furthermore, if convicted of carjacking, it counts as a "strike," according to California's Three Strikes law.
With our legal team by your side, we can work to see if you really committed the crime of carjacking and work to get you the best possible outcome. Please contact our firm today to learn how we can help you reduce or minimize your carjacking charges.
Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.