Carjacking is a serious felony in California with severe penalties—our experienced defense attorneys are here to protect your rights and build a strong legal strategy.
What Does the Prosecutor Need to Prove for the Defendant to Be Convicted?
Carjacking is a felony crime under Cal. Penal Code 215. A person can be charged with carjacking in California when all of the following elements are met:
- The defendant steals a car, truck, van, or other motor vehicle from its lawful owner.
- The defendant either takes the motor vehicle from the lawful owner’s person, or takes the vehicle in the lawful owner’s immediate presence. “Immediate presence” could mean, for example, that the owner is standing nearby in a store while the car is stolen from the parking lot outside. In this scenario, the owner is physically nearby, is in possession of the keys, and has the means to exercise control over the vehicle.
- The defendant commits the act with intent to temporarily or permanently deprive the lawful owner of the vehicle.
- The defendant accomplishes the carjacking “by means of force or fear,” which means using physical force or putting the victim in fear for their safety.
The prosecutor must be able to prove all of the elements listed above, beyond a reasonable doubt, in order for the defendant to be convicted of carjacking. For example, stealing a car from an isolated parking lot in the middle of the night, while still a serious crime, does not constitute carjacking because:
- The car wasn’t taken from the owner’s person or immediate presence.
- There was no element of force or fear.
If the jurors are not unanimous in finding the defendant guilty beyond a reasonable doubt, called a “hung jury,” the judge will declare a mistrial and schedule a new trial. However, long before the trial stage of the court process is ever reached, the prosecutor must establish probable cause. If the court does not find probable cause, the case must be dismissed.
