California Penal Code Section 215

Definition

Carjacking under California Penal Code Section 215, is a criminal offense and it is normally filed as a felony. Carjacking is when someone steals a car in the presence of another, in the same vehicle.

Elements of the Crime

In order to take an Carjacking CPC 215 case to trial, certain elements of the crime will have to be proven. This includes:

·         That the defendant took possession of a vehicle, while an individual/s was/were in the car

·         That the defendant did so without the other party agreeing to this, and with the intent of withholding the car for the short-term or long-term

Punishments for CPC 215

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case.

When found guilty of Carjacking, it is usually filed as a felony, which includes:

·         Up to one year in jail, and a summary probation, (or)

·         Three, four or five years in prison, and up to ten thousand dollars in fines

There’s also the possibility of being placed in the 3-strikes law. In addition, if the individual in the car sustained physical injury, these sentences are typically enhanced. Sentencing enhancements are also exercised for when more than one victim of carjacking.

Legal Defenses for California Penal Code 215

A good lawyer can present many legal and valid defenses for Carjacking charges under California Penal Code 215 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused of Carjacking. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Carjacking.

Learn more about other California Section Penal Codes here.