Carjacking

While carjacking is generally understood as taking a car from someone else, it is less commonly known that carjacking is a punishable offense and could attract life-altering consequences after conviction. If you are under arrest or have pending carjacking charges, working with a skilled criminal defense attorney to help investigate and prepare legal defenses is crucial.

Unfortunately, the consequences of a conviction for carjacking under Penal Code (PC) 215 extend beyond jail time and hefty fines. A felony carjacking conviction will negatively impact your professional and personal life. However, conviction is not inevitable, and with the legal assistance of a skilled attorney, you could challenge the violation to secure a lighter sentence.

If you or someone close to you is under investigation or has a PC 215 charge in Los Angeles, our skilled criminal defense attorneys at Leah Legal Criminal Defense Attorney can help challenge the allegations to secure a favorable result.

Carjacking Offense at a Glance

PC 215 is the statute that makes it illegal to carjack, or in other words, take someone’s car from his/her immediate possession without his/her consent, using fear or force. Fear or force under this statute could mean threats of physical harm or actual physical violence against the driver.

While carjacking is commonly associated with robbery, it encompasses a broader spectrum of behavior. For a robbery conviction, the prosecutor must prove that you had the intent to deprive the other person of his/her property permanently.

On the other hand, the prosecutor can secure a carjacking conviction against you regardless of whether you had the intent to deprive the other person of his/her property temporarily or permanently. For example, the prosecutor could file PC 215 charges against you when you take another person’s car with the criminal intent to joyride and afterward return it.

A conviction for a PC 215 charge could attract up to a nine-year jail sentence, but this sentence could be harsher if your case has other aggravating factors, like the use of a weapon.

What to Expect at the Bail Hearing for the Alleged PC 215 Violation

While an arrest for a serious offense like a PC 215 violation can be frustrating and overwhelming, you should figure out how to secure your freedom as soon as possible to stay out of legal custody as the case continues. The decision on whether you are eligible to secure your release from jail on bail after an arrest for an alleged PC 215 violation lies with the court.

The judge will decide your eligibility for bail during your first court appearance, also known as the arraignment or bail hearing. Unless your presence is needed in court, your criminal defense attorney can attend this hearing on your behalf to help you secure a desirable outcome.

Here is an overview of what to expect during this first phase of the prosecution process after an arrest for an alleged PC 215 violation:

You or Attorney Will Appear Before the Court

After an arrest as a suspect in a criminal case, you have a legal right to see a judge within twenty-four to forty-eight hours, unless the arrest occurred during a public holiday or weekend. In that case, you could end up behind bars for a longer period before you see a judge.

The Judge Will Review Your Charges and the Legal Context

The judge will review the alleged charges, and then the prosecutor will outline the nature of the allegations. Your criminal defense attorney can challenge the allegations or provide a context of your situation to help you secure a favorable outcome.

Arguments for or Against Bail Will Occur

The prosecutor and your attorney will raise their arguments before a judge on your eligibility for bail. The prosecutor could argue you are ineligible for a pretrial release on bail because:

• You are a flight risk
• You have a lengthy criminal record
• You have a history of skipping bail
• The alleged offense is serious
• You are a threat to public safety

On the other hand, your attorney will provide evidence to show the court you deserve to post bail to stay out of legal custody pending the outcome of your case. For example, your attorney could argue that:

• You are a first-time offender
• You have a current job
• You are not a threat to public safety
• You have strong community and family ties

Then, the judge will keenly review the prosecutor’s and your attorney’s arguments to determine whether you should post bail and the amount you should pay.

The Judge Will Set Your Bail Conditions

If everything works in your favor, the court will grant you a release from jail on bail and set the amount you should pay and the conditions you must comply with before your case’s trial date. While it depends on the facts and circumstances of your unique case, some of the bail conditions the judge will expect you to comply with include the following:

• Wear an electronic monitoring device
• Show up on all the scheduled hearing dates, including the pretrial and trial
• Surrender your passport if you are an alien
• Stay arrest-free

You Will Receive Your Pretrial Freedom

After posting your bail, you will receive your pretrial freedom within the shortest time possible. How soon you will step out of jail after posting bail will depend on the following:

• The amount of paperwork needed to process your release
• The number of arrestees waiting for a release from jail on bail
• The number of staff on duty

Unfortunately, if you are ineligible for bail, you will remain in legal custody until your case’s trial date or any other scheduled legal proceeding, including the pretrial conference. Having a skilled criminal defense attorney during this hearing is key to securing a desirable outcome.

What the Prosecutor Needs to Prove at Trial to Secure a Carjacking Conviction Against You

The trial is the most crucial stage of the prosecution process, as it is the stage at which the court will determine whether the allegations filed against you are true. Having a seasoned criminal defense attorney at this hearing is vital, as the outcome of the proceeding can significantly impact your life.

To secure a PC 215 violation conviction against you, the prosecutor must prove the following facts beyond a reasonable doubt:

You Took Someone’s Car From His/Her Immediate Presence

The presence of the victim when the vehicle is taken distinguishes a carjacking offense from a typical car theft. When many think of a carjacking offense, they often envision someone holding a gun or any other dangerous weapon forcing the car owner to step out of the car before driving away.

However, under PC 215, the prosecutor could file carjacking charges against you even if you took the car from someone seated on the passenger seat. According to this statute, a car being in your “immediate presence” implies that it was within your reach or control.

Your Actions Were Against the Victim’s Will

According to PC 215, you take a car from someone or his/her immediate presence when you do the following:

• Take possession of the vehicle
• Move the vehicle, even if it is for a slight distance

Even if you did not manage to move the car, the prosecutor could file attempted carjacking charges. For the prosecutor to secure a PC 215 violation conviction against you, he/she must prove to the court that your actions of taking the vehicle from the victim were against his/her will. That means the victim in the case did not consent or agree to the act.

A person consents to any act when he/she does so voluntarily and freely and not under duress or coercion. Therefore, if the prosecution team can prove to the court that the victim in the case did not hand over the car to you willingly, the judge could convict you for a PC 215 violation.

You Used Fear or Force to Take the Vehicle

Using force against someone means you inflicted physical assault on him/her. Conversely, the use of fear means you threaten to cause physical injury or kill the victim if he/she does not abide by your illegal demands of taking his/her car. Even if the victim attempted to resist your demands, the prosecutor can still secure a conviction against you under PC 215.

You Had the Intent to Deprive the Person of the Car Temporarily or Permanently

As mentioned in the previous sentence, the prosecution team can secure a carjacking conviction against you even if you had the intent of depriving the person of the car temporarily. Therefore, even if you had the intent to return the vehicle later, the prosecution team can still secure a PC 215 charge conviction against you.

Because of the force and intent required to commit a carjacking offense, prosecutors and judges treat it more seriously than other forms of car theft. An experienced attorney understands that and will do his/her best to challenge the allegations to secure a positive outcome.

Potential Sentence for a PC 215 Violation Conviction

A carjacking offense is a violent felony, which can result in serious consequences to reflect the serious nature of this crime. The seriousness of the penalties you will face will depend on the circumstances and facts of your unique case. The base penalty for a carjacking offense without enhancement includes:

• A three- (3), five- (5), or nine- (9) years of jail sentence
• A fine not exceeding $10,000
• Felony or formal probation

It is worth noting that these legal penalties will apply to all other accomplices who were in the car in question when you committed the offense. Because the jail sentence for this offense is lengthy, a reliable attorney will strive to convince the court to award you a felony probation as an alternative sentence. If the court agrees to award you probation, you will complete a portion of this jail sentence on probation.

While probation or parole is a favorable alternative to jail time, judges or jurors are selective about whom they sentence to probation. Your attorney must persuasively negotiate with the prosecutor and provide evidence to show you deserve a lenient sentence. The court is more likely to award you formal probation if you are a first-time offender and your case has no other aggravating factors.

When awarded formal or felony probation, it can last for up to five (5) years. During this duration, the court will likely require you to comply with specific terms and conditions, such as:

• Avoid arrest during this duration
• Agree to pay all the required court fines
• Agree to serve a mandatory counseling session
• Agree to participate in community service

The specific conditions the court will set for your offense will depend on the facts of your unique case. When you violate or breach any of these conditions, the court could issue an arrest warrant authorizing the police to arrest you, as that counts as a probation violation, which is a separate crime.

Unless your attorney can prove you had a genuine reason for breaching the probation conditions, including a medical emergency, the court could punish you for the violation. For example, it could require you to return to jail and serve the original full sentence for a PC 215 conviction.

Possible Sentencing Enhancements for a PC 215 Violation Conviction

Depending on the circumstances and facts of your unique case, you could face sentence enhancements for a PC 215 violation conviction, which will aggravate the standard penalties for this offense. Your PC 215 violation conviction could attract a sentence enhancement if:

The Conviction Counts as a “Strike” Under the Three Strikes Law

According to the Three Strikes Law under PC 667, you could face up to twenty-five (25) years to life in prison after a guilty verdict for a third-time serious or violent felony offense, including carjacking. However, if you already have one violent or serious felony conviction on the record, the second-time conviction (strike) for a similar or related violent felony offense will double the standard sentence you should face for the violation.

Your Offense is Gang-Related

PC 186.22 prohibits street gang activities. Under PC 186.22(b), it is illegal to become involved with a street gang to further any felony or to commit any crime that benefits the gang. If the prosecution team can prove with proper and clear evidence that you engaged in the carjacking offense to benefit a street gang, a conviction will attract an enhanced sentence.

In addition to the standard penalties for a carjacking conviction, you could face an additional three years of jail time for gang enhancement.

You Used a Firearm to Commit the Offense

PC 12022.5 could add up to ten (10) years of additional jail time on top of the underlying penalty for a PC 215 violation conviction if you personally used a gun while carrying out the carjacking offense. It is worth noting that using a firearm during the commission of the carjacking offense is not limited to firing it. You could face this sentencing enhancement even if you displayed the gun in a threatening manner.

You Caused Someone’s Death

Senate Bill (SB) 1437 holds you criminally accountable under the felony murder rule if you participated in the carjacking offense with the criminal intent to cause someone’s death. A sentence enhancement under this statute could land you in jail for life if the prosecution team can prove you had the criminal intent to kill during the commission of the carjacking offense.

You Caused a Severe Physical Injury to the Victim

When you personally cause another person to sustain a severe injury during the commission of the carjacking offense, the court could enhance your penalties after a conviction under PC 215. Whether you will face enhanced penalties under PC 12022.7 for making someone sustain a severe injury during the commission of the PC 215 offense will depend on various factors in your unique case, such as:

• The severity of the accuser’s or victim’s injuries
• Whether the injury in question required immediate medical care
• The pain or harm caused by the injury

Other Collateral Consequences Associated With a PC 215 Charge Conviction

In addition to the above-mentioned legal penalties and sentence enhancements, a conviction under PC 215 could attract other collateral consequences in your life, such as:

Deportation

If you are a non-citizen, a PC 215 charge conviction could result in negative immigration consequences, including deportation to your home country. When that happens, your life could take a different turn regardless of how long you have lived here.

Loss of Your Firearm Rights

PC 29800(a)(1) makes it illegal for convicted felons to own, receive, possess, or buy a firearm. Since carjacking is a felony offense, you will lose your firearm rights after a conviction, and that could significantly impact your life, especially if you rely on the gun to hunt. When you violate this statute, you could face up to three years of jail time.

Challenges Securing Employment

Even after serving your sentence for the carjacking conviction, you may find it challenging to secure reliable employment, as most employers now conduct background checks during the recruitment process.

Defense Arguments for a PC 215 Charge

As you can see above, the penalties of a carjacking offense can be life-changing. However, with the legal assistance of a seasoned attorney, you could stand a chance of securing a favorable outcome, including a dismissal of the charge or a lighter penalty. Here are examples of defense arguments that could work in your favor to secure a positive outcome:

The Car Owner Consented to the Act

As mentioned in the previous paragraph, you are only guilty under PC 215 if you took the car in question without the owner’s consent. Therefore, if your attorney can prove that the car owner willfully agreed or consented to your act of taking the car, the court cannot convict you of the carjacking charge.

You are a Victim of Mistaken Identity

Undoubtedly, most wrongful convictions in the criminal justice system are a result of mistaken identity. If someone mistakenly identifies you as the perpetrator in the carjacking offense due to your skin color, height, or hairstyle, your attorney can help prove to the court that you are a victim of mistaken identity.

If this defense argument works in your favor, the court will dismiss or reduce your PC 215 charge to a lighter offense with less serious penalties.

You Did Not Apply Fear or Force to Take the Vehicle

Another vital element of a PC 215 charge is the use of fear or force to facilitate the crime. Therefore, your attorney can challenge these allegations by arguing and providing evidence to show that you did not apply force or fear to make the owner of the car or the victim surrender it to you.

However, you could face other lesser charges like joyriding if the prosecutor can prove that you drove away with the victim’s vehicle without his/her consent, even if you did not use force or fear to take the car.

You Own the Vehicle

You would not be guilty of a PC 215 violation if you drive away with a car that you rightfully own. For example, that can happen if you had allowed a friend to run errands with your car, but you decided to take it before they completed their errands. In this scenario, the court could dismiss the carjacking charges against you as long as your attorney can prove that you rightfully and legally own the car.

To craft these legal defenses, an attorney requires ample time to investigate the case and compile evidence. Hence, it is advisable to hire an attorney as soon as possible if you are under investigation or have been arrested as a suspect in a carjacking case.

Find a Credible Defense Attorney Near Me

A carjacking charge could significantly impact your life, especially when the court convicts you of the offense. If you or someone you know is under investigation or has pending PC 215 charges, our credible defense attorneys at Leah Legal Criminal Defense Attorney can intervene. We will thoroughly investigate the case to build the strongest legal defenses to help you secure a favorable outcome.

Call us at 213-444-7818 to schedule your first consultation with our reputable attorneys, wherever you are in Los Angeles.