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Penalties & Sentences for Carjacking w/ Firearm
Due to the violent, traumatizing, and potentially lethal nature of the crime, carjackers in California can expect severe repercussions, ranging from lengthy incarceration to substantial collateral damages.
While an adept criminal defense attorney in San Diego can help mitigate the consequences of a base crime, using a firearm in the commission of a crime further exacerbates the situation and the related penalties.
As such, it is imperative for anyone accused of this offense to understand the gravity of being charged with crimes involving firearms, which can best be done by taking a closer look at all the potential outcomes.
What is the penalty for carjacking in California?
Under California Penal Code (PC) §215, the basic sentence for carjacking is:
- Incarceration: 3, 6, or 9 years in state prison;
- Fines: up to $10,000, or;
- Both incarceration and fines.
The exact severity of the sentence (i.e., the amount in fines and the duration of prison time) is determined on a per-case basis, taking into account the specific circumstances and the existence of aggravating factors. However, this also means that the case is subject to potential enhancements, of which there are many, and all of which can dramatically increase the penalties, especially prison time.
How much time do you do for carjacking with a firearm in California?
The minimum time is 3 years and the maximum 9 years, but this implies that no enhancements apply, which is rare and typically “reserved” for first-time offenders – who did not use a firearm to commit carjacking. In most other cases, the penalty may be enhanced, based on:
- The presence or use of a weapon: If the perpetrator used a firearm (or another deadly weapon) during the act, the sentencing enhancement under CPC §12022.53 (“10-20-Life” Law) may apply, as follows:
- Additional 10 years, if a firearm is used or just possessed during carjacking;
- Additional 20 years, if a firearm was discharged;
- Life in prison, if the use of a firearm resulted in greater bodily injury (GBI) or death.
- The defendant’s prior criminal record: If a person has a history of violent felonies, including other carjackings or other crimes, they are subject to harsher sentencing under California’s “Three-Strikes Law” (PC §667 and §1170.12), with:
- Second strike doubling the base sentence;
- Third strike resulting in 25 years to life imprisonment.
- The presence of minors: If children under the age of 18 were present during the carjacking, either as passengers or as victims, the defendant may face additional charges of child endangerment, per PC §273a, especially if there was a substantial risk of GBI or death (i.e., felony child endangerment).
- Gang-related activity: If carjacking was part of or related to gang activity, enhancements under California’s gang statutes (e.g., PC §186.22b) may apply, potentially increasing the incarceration time by up to 15 years.
In addition to prison time, those convicted of carjacking with a firearm can also expect severe collateral consequences, including hefty fines, restitution to the victim(s), and a permanent criminal record (to mention only a few).
Which criminal defense attorney near me in San Diego specializes in cases involving a firearm in the commission of a crime, including carjacking?
Whether you’re in Golden Hill, North City, or all the way in San Ysidro, you can count on unparalleled expertise and fierce representation of legal specialists from the Monder Criminal Lawyer Group.
We have an extensive track record of success defending clients against even the most complex charges, from felony carjacking with a firearm and having a gun at the airport (intentionally or unintentionally) to the most severe cases of GBI with a firearm.
Contact us today to schedule a confidential consultation and ensure the best possible outlook of your case!
