Carjacking | Penal Code § 215

Description

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)]

Punishment

Felony: 3years/5years/9years
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	Yes
Is this charge a “serious felony”	Yes
Is this charge a “violent felony”	Yes
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No