Carjacking Penal Code 215
Carjacking is a very heavy crime. Its defined as the use of force or fear to take a victim’s car. The victim doesn’t even have to own that car, or even be driving. Forcing anyone out of the car is going to get you charged with carjacking. It’s good to note that you do not have to inflict physical harm unto the person. (although if you do it will make the consequences more severe). This is a form of extortion. Some related offenses include robbery. Grand theft auto. And Auto burglary.
carjacking is a straight felony. You may see a probation and a year in jail. Or you may possibly see up to nine years in prison and a $10,000 fine. This is multiplied by the amount of people who were present in the carjacking. However the circumstances of the case will be taken into account for punishment. These modifiers include great bodily injury, which adds an extra three to six prison sentence. Doing the Carjacking for a criminal street gang will add a fifteen year to life prison sentence. Using a gun will add 10 years in prison, shooting it is 20 years. Killing or injuring someone with a gun will be 25 years to life. In addition this this is a violent felony so this will add a strike to California’s three strike law. If anyone dies during the carjacking then there is also the felony-murder rule which counts as a first degree murder. It’s important to note that all these enhancements to the punishments are considered “in addition and consecutive” to the conviction. As you can see, carjacking can range from a year in jail to a life-sentence depending on the circumstances of the case.
If you were charged with carjacking, consult with an attorney to analyze your case and understand your options.
Legal Definition of Felony is self explanatory. A felony is defined as a crime that is punishable by death or at least a one year imprisonment in prison. Technically, a felony can be a much broader term. Today felonies are mostly related with the most serious of crimes. Examples of these would be murder, and kidnapping. Crimes that caused serious bodily injury, or emotional and psychological injury are usually grouped together with felonies. Other types of felonies include white collar crimes. Some of those include fraud, perjury, and tax evasion. The one thing those crimes had in common was the ability to gain large sums of money or benefits for oneself. All these crimes had the same guidelines. They were all crimes that falls under moral turpitude in the most severe way possible. Moral turpitude is known as “actions that oppose a community standard of justice, good, or honest moral.
The Legal Definition of Felony has two types of felonies. The first type of felony is a straight felony. A straight felony is one that can charged as only a felony and are given to the most severe crimes such as murder and rape. The other type of felony, although not actually a felony in of itself, is a wobbler. Wobblers is a crime that can become either a felony or a misdemeanor. Wobblers include crimes that are either very serious misdemeanors, or minor felonies. Example of these would be forgery, and domestic violence.
Although one should avoid getting in trouble in general, there are ways to secure a felony. As mentioned above there are straight felonies that are given with the most severe offenses. The other way would be to commit a misdemeanor twice within a short period. This is due to having the first crime in your criminal history, and when giving punishments out, the judge will look at your history. Having prior history and run-ins with the law will net you a felony on your second offense.
Felony Lawyers are self explainable. They are lawyers and attorneys that handle felony cases. These also cover cases that are wobblers. Wobbler crimes can swing as either a misdemeanor or a felony. Some of these cases cover a lot of the serious crimes.. These crimes cover, but aren’t limited to murder, aggravated assault and child pornography. Because these cases are felonies and are above misdemeanors, the costs of hiring a felony lawyer will be substantially higher. The trade-off is worth it however, the costs of hiring the attorney or lawyer is always worth it over a huge fine and prison time. Felony charges will be based off the circumstances of the case such as how many were hurt or defrauded.Even if you were convicted of a felony, you may still be able to expunge your record. Make sure to find the correct attorney that specializes in specific felonies however. A felony lawyer that had a lot of experience in tax evasion, will not be a good choice when it comes to murder. It’s crucial to have a consultation with a lawyer for a proper defense.
A lot of the Felony Lawyers are prepared for straight felony crimes. Straight felonies are crimes that can only be felonies, and cannot be charged as a misdemeanor. Example of these cases include selling of drugs, murder, and rape. Felony Lawyers aren’t going to be surprised if you came up to them and said you needed help because you were caught with child pornography. Chances are, they heard much worse, and its their job to handle those cases.
Felonies don’t have to be violent . Felony lawyers don’t just focus on the violent cases. Some other felony-class cases include tax evasion, perjury, fraud (mail or wire), and violation of parole or probation.
Felony lawyers will always be out there. Don’t be afraid and shy away because of embarrassment because defending you against your felonies is their job.