Carjacking is a crime in the state of California. It is defined, essentially, as one party using force or threats to take another’s automobile. The penalties for a carjacking conviction can be quite serious. As a felony offense, carjacking can come with many years behind bars. One’s sentence could be as high as nine years. This is why it is critical that when you are arrested for carjacking, you have an experienced and tactical attorney on your side protecting your rights and interests.
David M. Boertje is a San Diego theft crime defense lawyer who has extensive experience providing effective criminal legal defense services to individuals charged with various crimes, including carjacking. The outcome of your case will be heavily impacted by the quality of your legal representation. At the Law Offices of David M. Boertje, building persuasive and compelling legal defenses and providing the highest quality legal counsel for individuals who find themselves facing criminal charges is our focus and objective.
Implications of Carjacking in California
When one party uses force or fear to take a motor vehicle that does not belong to them from another party, against the will of that other party, this is considered the criminal act of carjacking. The party attempting to forcefully steal a car from another party does not even have to be successful to face criminal charges. Even an attempt to engage in such conduct can result in an arrest.
Let’s say you open a car door with someone inside. You try to get them out of the car but they are quick enough to put their foot on the gas and evade you. Should an officer see this scenario, you will be arrested for attempted carjacking. Attempted carjacking has its own penalties with respect to the amount of jail time you could face.
Should you be successful with your carjacking attempt and you take off in another party’s car but there is a passenger in that car, you may also be looking at kidnapping charges. The penalties here are even more severe. Under California’s kidnapping laws individuals who are convicted of this crime are looking at a life sentence in state prison with the possibility of parole.
Ultimately, the extent of the punishment will come down to the details of the crime and the judge’s discretion. The best approach in these situations is to work with an attorney who knows the law, how to protect your rights, and the best way to put together a believable defense that can convince a jury to have doubt about your guilt. If your attorney can accomplish this, that is, put uncertainty into the minds of the jury hearing your case, then you may be able to avoid a conviction. Continue reading