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Are you facing a carjacking charge in California and unsure about what to do next? Being charged with carjacking can flip your life upside down, but you have the right to fight back. Having a lawyer on your side can make a significant impact on how your case resolves.
At the Law Offices of Justin E. Sterling, we don’t treat every case the same. We take the time to learn what really happened, step in early, and explore ways to mitigate the charges against you. Whether your case involves mistaken identity, false claims, or a mix-up about consent, we know how to challenge the details that matter.
Contact us now for your free consultation with a carjacking defense lawyer. We’ll walk through your case with you, give straight answers, and help you figure out what comes next.
What Is Carjacking? (Penal Code § 215 PC)
Under California Penal Code § 215, carjacking occurs when someone takes a vehicle from someone else by using force or fear. The law applies when the person taking the car does not have permission to do so and takes it directly from someone who has control of the vehicle. This might include the driver or a passenger. The law says the car must be taken from the person’s immediate presence, which means close enough that they could have stopped it if not for the threat or violence.
The person taking the car must also intend to keep it, even if only for a short time, for the act to be considered carjacking. This could be to sell it, drive it somewhere, or simply take it for a while. The crime does not require the victim to be injured. It also doesn’t matter whether the accused owns or has owned the car. What matters is who had control of the vehicle at the time of the incident.
Penalties for Carjacking Charges in California
A carjacking conviction in California can lead to harsh penalties. The base penalty for carjacking is three, five, or nine years in state prison. The judge decides the incarceration period based on the facts of the case. That sentence applies for each victim present during the carjacking, so a person could face multiple terms if more than one person was in the car.
On top of that, the law allows sentence enhancements. If the accused caused great bodily harm, added time gets tacked on. If the person used a gun or acted with a street gang, the court could impose even more time, including possible life sentences.
Carjacking also counts as a violent felony under California’s Three Strikes Law. That means a second strike doubles the sentence, and a third can lead to 25 years to life in prison. On top of prison time, those convicted of carjacking can face fines of up to $10,000 and lose chances for early parole.
Common Defenses Against Carjacking Allegations
If you’re facing carjacking charges in California, you might feel like you’ve already lost. But it’s important to remember that a criminal charge is not a conviction. In many cases, it’s possible to challenge the charges with a lawyer’s help. Depending on the situation, your carjacking attorney might use defenses like:
- Lack of force or fear – Carjacking requires the use of force or intimidation to take the vehicle. If someone simply took the car while nobody was around or without any confrontation, then the act does not meet the legal definition of carjacking.
- Consent – If the vehicle’s owner or driver willingly handed over the keys or allowed someone to use the car, then it’s not carjacking. In that case, there was no use of force or fear, and the person voluntarily gave up the car.
- Mistaken identity – Carjacking often happens quickly and under stressful conditions. That can make it hard for a victim to accurately remember who took the car. In some cases, victims might describe the wrong person or make an error in a police lineup.
- No intent to deprive – A person must intend to deprive someone of a vehicle, even if only for a short time, to be guilty of carjacking. If they took the car during a mental health crisis or while impaired and didn’t understand what they were doing, a criminal defense lawyer might argue a lack of intent.
How the Law Offices of Justin E. Sterling Can Help
Fighting carjacking charges in California requires more than simply showing up in court and hoping for the best. You need an attorney who knows how to challenge the prosecution, speak on your behalf, and push back at every step. An experienced criminal defense lawyer from the Law Offices of Justin E. Sterling can help you in the following ways:
- Examining the arrest to see if officers violated your rights
- Questioning witnesses who might have seen what happened
- Requesting video footage or other evidence that could support your story
- Filing legal motions to block unreliable evidence
- Challenging the identification process used by police
- Speaking with the district attorney to negotiate a possible deal
- Preparing you for court so you know what to expect
- Telling your side of the story in a clear and direct way
- Fighting to reduce or dismiss the charges if the evidence is weak
Why Hire a Carjacking Attorney Immediately?
If you get arrested for carjacking, you should contact a carjacking defense lawyer immediately. Prosecutors start working on their cases right away, so you should have someone building your defense just as quickly. A lawyer can look at the facts, talk to witnesses, review police reports, and check whether officers made mistakes during your arrest.
Timing matters in these cases, as evidence can disappear and witnesses to the event can forget what they saw. The sooner you get an attorney involved, the better chance they have of finding something that helps you. Your lawyer might be able to challenge the charges, reduce them, or even get them dropped. They can also speak for you in court, negotiate with the district attorney, and assist with bail arrangements.
If you don’t have someone on your side early on, you risk prison time and a criminal record that follows you for life. Carjacking charges carry serious consequences, so you need representation from a carjacking lawyer who knows how to fight back and protect your rights.
Contact a Carjacking Defense Lawyer Now
If you’re facing a carjacking charge in California, now is the time to take action. The sooner you speak with a lawyer, the more options you may have. Contact the Law Offices of Justin E. Sterling today to set up your free consultation with a reputable carjacking attorney and learn how we can help.
