Carjacking PC 215 (Penal Code 215)
Carjacking PC 215 (Penal Code 215)
Code Section: Penal Code 215 (click here to view the statute)
Related CALCRIM: 1650
PC 215 Brief Summary:
Penal Code 215 defines “carjacking” as 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.” Basically, carjacking occurs when a person robs someone of their car. Carjacking differs from vehicle theft (Vehicle Code 10851) in that carjacking requires the vehicle to be taken from a person’s immediate presence using either force or fear whereas vehicle theft involves only the taking of the vehicle (like stealing a parked car). Carjacking is a felony strike offense.
PC 215 Elements:
To prove someone guilty of this crime, the government must prove:
- The defendant took a motor vehicle;
- The vehicle was taken from the immediate presence of a person who possessed the vehicle or was its passenger;
- The vehicle was taken against that person’s will;
- The defendant used force or fear to take the vehicle or to prevent that person from resisting;
- When the defendant used force or fear to take the vehicle, the defendant intended to deprive the other person of possession of the vehicle either temporarily or permanently.
PC 215 Punishment:
According to Penal Code 215, carjacking is a felony punishable by three, five, or nine years in prison. In cases where a person has not been sentenced to prison, probation can be granted for this offense. Other fines, fees, and possible probation terms could be applied. Carjacking is a “strike” offense, meaning that a conviction can be used against you in the future to drastically increase your maximum exposure and potentially make you eligible for life in prison if you were convicted of a qualifying offense after having been previously convicted of two other prior strikes. “Strike” offenses can also be used against you in other ways.
PC 215 Lesser Included Offenses:
A lesser included offense is one that contains all of the elements of the charged offense, but for which the consequences are less severe. Typically, a conviction for a lesser included offense only occurs when there is no conviction for the more serious offense. An attempt is often times a lesser included offense to a charged offense and occurs when the defendant intended and tried to commit the charged offense, but for whatever reason, was unable to finish committing that crime. In general, there are no other lesser included offenses for Penal Code 215.
PC 215 Related Charges:
- Penal Code 136.1-Intimidating a Witness
- Penal Code 209-Aggravated Kidnapping
- Penal Code 211-Robbery
- Penal Code 245(a)(1)-Assault With A Deadly Weapon
- Penal Code 422-Criminal Threat
- Penal Code 488-Petty Theft
- Penal Code 457-Grand Theft
- Vehicle Code 10851-Vehicle Theft
Have You Or A Loved One Been Charged With a Crime?
If you or a loved one has been charged with a crime, it is important to make sure that your rights (or those of your loved-one) are protected. Any criminal conviction can have a severe and far-reaching impact on a person’s future. Criminal convictions can result in expensive fines, orders to pay restitution to an alleged victim, restrictive probation terms, court-ordered classes, and can result in significant time behind bars. In short, a criminal conviction can have devastating and life-long consequences that impact and jeopardize every aspect of a person’s life from future job prospects, to family-life, to a person’s very freedom.
Criminal defense attorney and former Riverside County prosecutor Gregory Rollins uses his unique experience and expertise to defend the rights of the accused and provide meaningful legal advice to his clients. Every client is unique. Each client has different needs. No two cases are exactly the same. Attorney Rollins understands these things and is committed to seeking an outcome in each case that takes into account all of these factors. For every case, Attorney Rollins develops a unique legal strategy that incorporates the needs of the client with the best possible legal defenses to the crimes charges to secure the best possible outcome for every client in every case.
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