Defending Carjacking Charges in Los Angeles

Carjacking is one of the most serious crimes a person can face in California, involving the use of force or fear to take a vehicle from another person. As a violent felony governed by California Penal Code § 215, it falls under the state’s Three Strikes Law, carrying severe penalties, including long prison sentences, substantial fines, and a permanent criminal record. If you are facing such allegations, having a skilled carjacking defense attorney by your side is essential to protecting your rights and freedom.

At The Law Offices of Arash Hashemi, our experienced Los Angeles criminal defense attorney is committed to providing strong representation for clients accused of carjacking. We meticulously analyze the details of your case, challenge the prosecution’s evidence, and develop a customized legal strategy to achieve the best possible outcome.

Take control of your defense today by contacting our carjacking defense attorney at (310) 448-1529 for a confidential consultation.

What Constitutes Carjacking Under California Law?

Carjacking involves the unlawful taking of a motor vehicle from another person’s immediate presence by using force or fear. This crime requires specific elements to be proven for a conviction:

  • Taking a Vehicle: The accused must have taken a vehicle that did not belong to them.
  • Immediate Presence: The vehicle must have been within the victim’s immediate control or possession.
  • Force or Fear: The act must have involved violence, threats, or intimidation to coerce the victim into relinquishing control of the vehicle.
  • Intent to Permanently or Temporarily Deprive: The accused must have intended to deprive the victim of the vehicle, either permanently or temporarily.

Carjacking often occurs during other crimes, such as robbery or kidnapping, which can lead to additional charges and more severe penalties.

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    The Prosecution’s Burden: Key Elements for Carjacking Charges

    To secure a conviction under § 215 PC, the prosecution must demonstrate:

    • Vehicle Ownership: The vehicle was in the legal possession of someone other than the accused at the time of the incident. This clarifies the non-ownership by the perpetrator.
    • Immediate Presence: The carjacking occurred within an area where the victim could exercise control over the vehicle, suggesting a direct and personal confrontation.
    • Lack of Consent: The vehicle was taken without the consent of the rightful possessor, establishing the act was against the will of the owner or passenger.
    • Force or Fear: The accused employed physical force or intimidation to obtain the vehicle or to prevent resistance. This indicates the use of coercion or threats to facilitate the carjacking.
    • Intent: At the moment of the carjacking, the accused intended to deprive the victim of the vehicle, whether temporarily or permanently. This intent must be proven to have existed at the time of, or prior to, the application of force or fear.

    Example Scenario:

    John approaches Sarah, who is seated in her parked car outside a grocery store. He knocks on the window, and when Sarah rolls it down, John threatens her with a knife, demanding she exit the car. Fearing for her safety, Sarah complies, and John drives away with the vehicle.

    In this scenario:

    • Vehicle Ownership: John took a vehicle he did not own.
    • Proximity of Possession: He took the car directly from Sarah’s immediate presence.
    • Consent: Sarah did not consent to John taking her car; she was coerced through threats.
    • Force or Threats: John used the threat of harm (fear) to compel Sarah to give up her vehicle.
    • Intent at the Time: John intended to deprive Sarah of her vehicle by using force at the moment of the crime.

    Penalties for Carjacking Conviction

    • State Imprisonment: Offenders face three to nine years in state prison.
    • Strike on Record: A carjacking conviction qualifies as a “strike” under the Three Strikes Law. Accumulating three strikes can lead to a minimum mandatory sentence of 25 years to life.
    • Financial Penalties: Individuals may also incur fines up to $10,000.
    • Enhanced Sentencing:
      • Gang-Related Activity: Association with gang activities during the carjacking can impose life imprisonment under the Street Terrorism Enforcement and Prevention Act.
      • Firearm Involvement: Under the “10-20-Life ‘Use A Gun and You’re Done’” law, using a gun during the carjacking adds 10 years, discharging it adds 20 years, and causing injury can lead to an additional minimum of 25 years to the sentence.
    • Additional Repercussions: Besides incarceration and fines, a carjacking conviction may result in probation and a permanent mark on the individual’s criminal record, which could adversely affect employment and other future prospects.

    Building a Strong Defense Against Carjacking Charges

    Disputing Identity or Misidentification
    Carjacking cases often hinge on witness accounts or surveillance footage. Mistaken identity can occur, particularly if the perpetrator was wearing a mask or the crime took place quickly. By challenging the accuracy of witness statements, alibis, or video evidence, a strong defense can demonstrate that you were not the person involved in the carjacking.

    Proving Lack of Intent to Steal
    The prosecution must show that you intended to permanently or temporarily deprive the owner of their vehicle through force or fear. If there was no intent to steal—such as in cases involving misunderstandings or consent—this critical element of the carjacking charge may be challenged.

    No Use of Force or Fear
    Carjacking charges require the use of force or the threat of force to take the vehicle. If evidence shows that no violence, intimidation, or coercion occurred, the prosecution’s case may be significantly weakened. For example, if the vehicle was taken during a non-confrontational situation, this element of the crime may not be satisfied.

    Challenging the Allegations of Force
    In some cases, what the prosecution calls “force or fear” may be exaggerated or mischaracterized. An experienced attorney can cross-examine witnesses, review police reports, and analyze the circumstances to argue that the alleged actions do not meet the legal standard required for carjacking.

    Lack of Evidence
    The burden is on the prosecution to prove every element of the charge beyond a reasonable doubt. If critical evidence is missing or circumstantial, such as a lack of fingerprints or unclear surveillance footage, your attorney can argue that the case lacks the necessary proof for a conviction.

    Unlawful Police Conduct
    If law enforcement violated your rights during the investigation—such as conducting an illegal search, failing to read your Miranda rights, or coercing a statement—any improperly obtained evidence may be suppressed. This can significantly weaken the prosecution’s case and may lead to a reduction or dismissal of charges.

    Duress or Coercion
    If you were forced to participate in the carjacking due to threats or coercion, this defense may apply. Demonstrating that your actions were the result of duress rather than a voluntary choice can provide a valid legal argument against the charges.

    Every carjacking case is unique, and the most effective defense depends on the specific facts and evidence. Our carjacking defense attorney will thoroughly investigate the circumstances of your case and develop a tailored defense strategy to protect your rights and achieve the best possible outcome.

    Contact a Los Angeles Carjacking Defense Attorney

    Being accused of carjacking is a serious matter with life-changing consequences. Many individuals charged with this crime may have been misidentified, falsely accused, or caught in situations beyond their control. Others might face additional charges tied to the alleged offense, further complicating their legal challenges.

    No matter the specifics of your case, you need a Los Angeles criminal defense attorney who understands the complexities of carjacking allegations and has the expertise to build a compelling defense. With over 20 years of experience, Attorney Arash Hashemi is committed to protecting your rights, thoroughly investigating the facts, and pursuing the best possible resolution for your case.

    Take control of your defense today. Contact our office for a confidential consultation to discuss your options and start building a strategy to fight these charges.

    Schedule Your Consultation Today

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