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.