Carjacking is the felonious taking of a motor vehicle from another person against his or her will and with the intent to either permanently or temporarily deprive the person of his or her possession, accomplished by means of force or fear. Charges may apply even if the person in the car was a passenger or did not even own the car. Related offenses may be Robbery, Auto Burglary, Kidnapping or Grand Theft Auto.
What does the prosecutor have to prove?
1. The defendant feloniously took a motor vehicle from the possession or immediate presence of the victim.
2. The victim was either the driver or the passenger of said motor vehicle.
3. The motor vehicle was taken against the will of the person in possession.
4. The taking was accomplished by means of force or fear.
5. The defendant acted with the intent to either permanently or temporarily deprive the person in possession of the vehicle of that possession. [PC 215(a)]
With probation 0-364 days
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