What are the penalties for carjacking in California?
Carjacking is a serious felony offense in California, and the penalties for a conviction can be severe. Under California Penal Code Section 215, carjacking is defined as the taking of a motor vehicle from the immediate presence of another person, against that person’s will, and with the use of force or fear.
The penalties for carjacking in California include:
– Imprisonment: A conviction for carjacking can result in imprisonment in state prison for a term of three, five, or nine years.
– Fines: In addition to imprisonment, a court may impose fines of up to $10,000 for a carjacking conviction.
– Strike under California’s Three Strikes Law: Carjacking is considered a “serious felony” under California law, and a conviction for this offense will result in a strike under the state’s Three Strikes Law. If a person receives three strikes, they face a mandatory sentence of 25 years to life in prison.
– Probation: In some cases, a court may choose to sentence a defendant to probation instead of imprisonment. However, probation for carjacking is rare, and if granted, it typically comes with strict conditions such as regular meetings with a probation officer, community service, and electronic monitoring.
– Restitution: A court may also order a defendant to pay restitution to the victim of the carjacking to compensate them for any losses or damages they suffered as a result of the crime.
It is important to note that the penalties for carjacking may be enhanced if the offense involved certain aggravating factors, such as the use of a firearm or if the victim was injured during the commission of the offense. Therefore, it is crucial to speak with an experienced criminal defense attorney if you are facing carjacking charges in California.
What California penal codes define the crime of carjacking and state the maximum penalties?
Under California Penal Code 215(a), “Carjacking” is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or from the person or immediate presence of a passenger of the motor vehicle, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear.
Under California Penal Code 215(b), carjacking is punishable by imprisonment in the state prison for a term of three, five, or nine years.
Under California Penal Code 215(c), This section shall not be construed to supersede or affect Section 211. A person may be charged with a violation of this section and Section 211. However, no defendant may be punished under this section and Section 211 for the same act which constitutes a violation of both this section and Section 211.
