Carjacking is a serious charge that comes with heavy consequences for defendants in San Diego, California. If you’re being charged with this crime, call Blair Defense Criminal Lawyers at (619) 357-4977 to schedule a free consultation with a San Diego carjacking defense lawyer.
Laws in California consider carjacking to be a violent crime, which means jail time is possible even for first offenses. Police and prosecutors will often move quickly, sometimes leaving little time for someone accused to fully understand their rights. Working with a San Diego criminal defense attorney from Blair Defense is crucial to ensure that your rights and future are defended.
Table of Contents
Why Hire Blair Defense Criminal Lawyers if You’re Arrested for Carjacking?
Facing carjacking charges in San Diego, CA, can be overwhelming. Your freedom, reputation, and future are on the line, and you need legal help right away if you’re in this situation. You need someone in your corner who really knows how to help.
Here’s why you should work with our San Diego criminal defense lawyers:
- Over 100 5-star Google reviews from clients just like you who have felt heard and respected during one of the most difficult times in their lives
- Recognition by National Trial Lawyers as a Top 100 Attorney
- Named Top 40 under 40 Trial Attorneys
- A perfect-10 Avvo rating
- More than 14 years of criminal defense experience
Hiring an attorney does not mean you are guilty. It means you take these charges seriously and want someone to fight for your life and peace of mind. Let Blair Defense Criminal Lawyers help you fight back. Reach out today to schedule a free consultation with a San Diego carjacking defense attorney.
Overview of Carjacking in California
In California, under Penal Code 215, certain facts must be proven for an act to count as carjacking:
The Victim Has Possession of the Car
First, the car must be in the victim’s possession. Possession is not just about having the title; whoever is driving, sitting in, parking, or even about to get inside has control over the car.
The Defendant Took the Car
The law says that, to be carjacking, the car must move—even a few feet is enough. However, if the defendant fails to fully drive away, it could instead be dealt with as attempted carjacking, which is still a serious offense.
Lack of Consent (Force or Fear)
A carjacking only takes place if the victim did not agree to hand over the car. If they handed over the keys because they felt threatened, that is not true consent. Some kind of force or the threat of harm must be involved. This could mean actual violence, rough handling, threatening with a weapon, or even just plain fear.
The Defendant Intended to Take the Car at Least Temporarily
Finally, a carjacking can happen even if the person only intends to take the car for a short time. The law does not require that the offender planned to keep the vehicle forever. It is enough that the intent was to temporarily separate the victim from their car against their wishes.
Not every car theft qualifies as carjacking. Understanding the elements is helpful if you’re facing these charges, so you know how to defend yourself.
What Are the Penalties for Carjacking in California?
Carjacking charges in San Diego come with life-changing consequences. California law treats this offense as extremely serious due to its violent nature. If convicted of carjacking, you will be facing a felony. That could mean state prison time for several years and a fine of up to $10,000.
Aggravating factors or enhancements could add additional penalties to a carjacking conviction. For example, using or even threatening someone with a firearm drastically increases the punishment if convicted. If prosecutors argue the carjacking happened for the benefit of a gang, and they prove it was gang-related, they can try to add time to your prison term.
What Defenses Can Be Raised if I’m Arrested for Carjacking?
Being arrested for carjacking can be overwhelming. Knowing what defenses might be available can make a difference. Every case is different, but here are some possible defenses that lawyers often use if you are facing these charges.
Lack of Force or Fear
To prove carjacking, the law requires that force or fear was used to take the car. If someone took a vehicle without confronting the owner, it counts as theft, not carjacking. For example, if a car was taken when nobody was around, a lawyer may argue that this does not fulfill the legal definition of carjacking.
Consent
Sometimes, car owners let others borrow their cars. If you had permission to take the car, carjacking charges may not apply. Failing to return the vehicle as agreed could be considered auto theft, but that is a distinct crime from carjacking.
Mistaken Identity
High-stress encounters, such as those during a robbery, make it tough for victims or witnesses to remember details. Misunderstandings and poor lighting could lead to the wrong person being blamed. It is common for lawyers to question the reliability of the identification. Expert witnesses on memory and identification methods may be used to challenge the claims.
If you’re facing carjacking charges, these are some of the common defenses your lawyer can raise. The best specific strategy for you will depend on the facts of your case and what your attorney thinks is best.
Call Our San Diego Carjacking Defense Attorneys for a Free Consultation
If you or a loved one faces carjacking allegations, you don’t have to take this on by yourself. Hiring the right lawyer makes a big difference, not just in court, but throughout the investigation. You deserve honest answers and real support at every turn.
Let us help protect your rights and your future. Call Blair Defense Criminal Lawyers to schedule a free consultation with a San Diego carjacking defense lawyer.
