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Carjacking w/ Firearm: Legal Framework
With 202,000+ vehicles reported stolen in 2023 alone, we can say that car thefts in California are a relatively common occurrence. While carjackings account for a small percentage of those cases – only around 1% total – the severity of the crime is significantly higher.
The reason for this is that using a firearm in the commission of a crime immediately elevates the offense to the status of a violent felony, meaning that the (alleged) carjacker will need an excellent criminal defense lawyer in San Diego to stand a chance in court.
Today, we’re exploring the legal framework around carjacking, including definitions, related laws, and distinctions between this and similar offenses, to ensure you have a good understanding of the gravity of this crime and its repercussions.
What does carjacking mean?
By definition in the California Penal Code:
- Carjacking is the act of taking a vehicle from someone who is driving or in immediate possession or presence of it, typically by using fear, force, or violence, with the intent of permanently or temporarily depriving said person of the vehicle.
In simpler terms, carjacking can be defined as “hijacking” a car, but with a significantly more sinister tone, primarily due to the higher level of aggression and coercion involved when carrying out the act.
Also, note that carjacking does not necessarily mean that the person must be the driver or its owner. The “presence” portion infers that the definition is applicable to the passengers in the vehicle as well.
What is the difference between grand theft auto and carjacking?
While both crimes are similar in that they both involve depriving someone of their vehicle, the distinction lies in the method of theft:
- Grand Theft Auto (GTA): Appropriating a vehicle without the owner’s permission, but without using force, fear, or violence.
- Example: Swiping a vehicle from the parking while the engine is still running.
- Carjacking: Stealing a vehicle using force, fear, or violence against the owner or the person operating it.
- Example: Pulling a driver or passenger out of their car at gunpoint.
What is the California Penal Code for carjacking?
The specific statute that defines, criminalizes, and penalizes carjacking in the State is the California Penal Code (CPC) §215. This section of the code prescribes basic (i.e., non-enhanced) penalties for committing carjacking, including substantial fines and prison time.
Is carjacking a felony in California?
While GTAs are generally “wobbler” offenses (meaning they can be tried as either misdemeanors or felonies, depending on the circumstances), carjackings are always considered felonies per CPC §215 due to the violent nature of the crime.
That being said, the severity of penalties (i.e., the height of fines and length of prison time) may vary based on the specific circumstances surrounding the case, and may be subject to further enhancements, especially if the firearm was used to commit a crime.
Which criminal defense lawyer near me in San Diego is the top choice for a firearm in the commission of a crime & similar cases?
If you’re looking for a legal team to undertake a carjacking case involving a firearm, you won’t find anyone better in Clairemont or the entirety of San Diego than Monder Criminal Lawyer Group. Experienced, strategic, and proactive, our attorneys are ready to meticulously examine every detail of your case and ensure that the odds are in your favor.
We also specialize in other areas of criminal law, including handling cases of being caught with a gun at the airport, minimizing the related charges, and numerous others – so don’t hesitate. You don’t have to risk your freedom when a reliable team is readily at your disposal. Reach out to us today to schedule a confidential consultation!
