Answers from a Los Angeles Carjacking Defense Attorney
Carjacking (PC 215(a)) is a very serious charge in California. A Carjacking conviction carries with it a Strike under California’s Three Strikes Law. If you or someone you love has been arrested for Carjacking, you need to act. Speak with an experienced Los Angeles Carjacking attorney to fight these charges.
What does the prosecution have to prove to convict someone of assault with a deadly weapon?
What does the prosecution have to prove to convict someone of Carjacking?
To convict someone of Carjacking, the prosecution must establish all the following elements:
- The accused took a motor vehicle from the possession of a driver or passenger against their will;
- In taking the motor vehicle, the accused use force or fear;
- The accused intended to at least temporarily deprive the driver or passenger of the vehicle.
Penalties and Sentencing for Carjacking Charges
Carjacking is a “strike” offense under California’s Three Strikes Law.
If convicted of Carjacking, the accused faces:
- Up to 9 years in prison
- Victim restitution costs, where applicable
- A strike under California’s Three Strikes Law
- Fines of up to $10,000
Can I get Probation for Carjacking in Los Angeles?
Carjacking is a strike offense and is punishable by prison time. However, a skilled Los Angeles Carjacking defense attorney may be able to get someone accused of Carjacking a reduced charge and possibly probation.
If you need help with a Carjacking charge, you can call us anytime for a free consultation: (213) 377-6102.
Defenses to Carjacking Charges
Consent
If the driver or passenger gave the accused permission to take the vehicle, the accused may not be guilty of Carjacking.
Lack of Intent to Deprive
Did the accused intend to deprive the driver or passenger of the vehicle? If not, a skilled Los Angeles Carjacking attorney may be able to get the charges dismissed.
Necessity
Did the accused take the vehicle to prevent a great harm? If so, the necessity defense may apply. An experienced Los Angeles Carjacking attorney can investigate the necessity defense. A successful necessity defense means that the accused is not guilty.
Help from a Los Angeles Carjacking Defense Attorney
If you or a loved one have been accused of Carjacking, we can help. Call us at (213) 377-6102 for a free consultation with an attorney about your case.
