California Criminal Lawyer Group

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What is Carjacking and How to be safe from it?
https//www.thesanjosecriminalattorney.com If you
take a motor vehicle that belongs or is in
possession of another individual in a felonious
manner, you might face a conviction for
carjacking under California law. You are guilty
if you take a car from the owner's person or
his/her presence against his/her consent.
thesanjosecriminalattorney.com To face a
conviction, you should have the intention to
deprive or deny the owner of his/her vehicle
using fear or force. You do not have to take the
car from the driver to be guilty of carjacking.
You can receive charges even if you take the
vehicle in the presence of a passenger.
California PC 215 explains the crime of
carjacking. Taking a car using fear and force
means that you inflict physical fear or force on
the victim, or you threaten to inflict
bodily/physical harm. If you are facing
carjacking charges, the associated penalties are
harsh. California Criminal Lawyer Group can help
you fight the charges in court. Elements Of
Carjacking Under California Law Criminal defense
lawyer California law defines the crime of
carjacking as feloniously taking a vehicle from
another person's immediate possession
accomplished using fear or force. The prosecutor
has to prove several elements before accusing you
of carjacking. The prosecutor has to prove that
the vehicle was in possession of another person.
It should be evident that you took the car from
the direct/ person or presence of the driver or a
passenger. You must have taken the vehicle
without the consent of the person in possession
of the car. The prosecutor has to show that you
intended to deprive the person of the car for
either a short time or forever. Most cases of
carjacking involve armed carjackers threatening
drivers out of vehicles and driving off. In such
scenarios, cars are in the immediate/direct
presence of drivers. A car being in the
immediate/direct presence of a person means that
the car is in a close reach of the person,
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control, or observation. It means that if the
person was not overwhelmed by force and fear, the
person would have retained possession of the
vehicle. You might be guilty of carjacking in
California, even if the victim was not driving or
inside the vehicle. As long as the vehicle was
within reach of the victim, it was in his/her
immediate/direct presence according to the
law. Taking a car from another person means that
you took possession of the vehicle and moved the
car. It does not matter even if you moved the
vehicle for a small distance. As long as you
moved the vehicle, you are guilty of carjacking.
At times, you may not drive the car even for a
short- range. However, you may be guilty of
attempted crime of carjacking, especially if the
prosecutor can prove the other elements of the
crime. Taking a vehicle against the will of the
victim or without his/her consent means that the
victim was not in agreement with your actions. A
victim may only be in approval if he/she allows
you to take the vehicle freely out of the will
and not due to fear or force. You only have the
consent of the victim if he/she acts without
coercion and on purpose. Under PC 215, fear and
force have almost the same meaning. Fear tends to
have a coercive effect, and this in itself is a
form of force. A victim may surrender a car to
you out of fear of inherent harm to his/her
person, family, or property at the scene of the
crime. You will be guilty of using fear if you
inflict enough fear in the victim, making him/her
comply with your demands regarding his/her
vehicle. You are guilty of inflicting fear and
force as long as you use enough fear and force
to overcome the resistance of the victim. Even if
the victim attempts to rest your actions, it
will not change the fact that you used fear and
force on the victim. You may be guilty of
carjacking under California law even if the
victim did not know that you are using fear and
force. For instance, you may be guilty of
carjacking if you take a vehicle with an infant
inside. You will get charges despite the fact
that the infant does not understand your
actions. You may also be guilty of carjacking if
you take a car occupied by an unconscious
individual. Just like theft crimes in
California, the crime of carjacking requires you
to have a specific intent or motive. The crime
requires you to have the intent to deprive the
victim of the car temporarily or permanently. It
does not matter whether you intended to keep the
carjacked vehicle for personal use or if you
intended to sell the automobile. Even if you
wanted to use the car for a brief duration and
then take it to the owner, you would be guilty of
carjacking under California law. The
Consequences Of Carjacking In California Californ
ia law imposes harsh penalties on the crime of
carjacking. An offense under California PC 215
is a felony and may be punishable by felony or
formal probation and imprisonment not exceeding
one year in California county jail. Depending on
the severity of the offense and your criminal
history, you might face incarceration in a state
prison in California. The court may
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impose imprisonment of three, five, nine years in
a state prison in California. You may also pay
fines not exceeding 10,000. It is important to
note that if several victims are inside the car
at during carjacking, you might face penalties
for each victim.