Tyler & Wilson, LLP Articles Carjacking is a Violent Felony

Carjacking is a Violent Felony

By Tyler & Wilson  Mar. 4, 2011 2:00p

Under California Penal Code Section 215, carjacking involves taking a motor vehicle which is in the possession of another person or, in the immediate presence of a passenger, against their will, with the intention of either permanently or temporarily depriving them of the vehicle, which is accomplished by means of force or fear. In 1992, the United States passed a law, making carjacking a federal crime.

According to the Department of Justice, there are approximately 49,000 cases of carjacking each year in the United States and, it is estimated that in nearly half of all carjacking attempts, the perpetrator succeeds in taking the victim’s vehicle. Under Federal law, a death that results from a carjacking is considered a capital crime. In California, carjacking is a serious felony which counts as a “strike” on your criminal record.

The penalty for carjacking in the state of California is a state prison sentence of three, five or nine years, depending on the circumstances of the case. There are penalty enhancements for “aggravating factors” such as; if there was a weapon involved in the crime, if there was a minor involved, if kidnapping also took place during the commission of the crime, if you have any prior convictions on your criminal record and more.

Defense against Carjacking Charges

Due to the serious nature of carjacking, it is vital that you hire a skilled criminal defense attorney who has experience in dealing with such charges. At Tyler & Wilson, LLP, we have extensive experience negotiating with prosecutors and judges. Having a Los Angeles carjacking defense lawyer by your side can help alleviate the consequences that you are facing. Through negotiation, we may be able to help you receive a reduction in the charges against you.

Contact a Los Angeles carjacking defense attorney from our firm today for a free initial consultation.

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