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Frequently Asked Questions (FAQ) about
Carjacking 
What is Carjacking?
Carjacking is the theft of a motor vehicle through force or fear when either the
owner is present in the vicinity of the car or someone is in the car. The carjacker
need only intend to deprive the owner of the car for a brief period of time (i.e.,
intent to permanently deprive the owner of the use of the vehicle is not required).
What are the necessary elements to be found guilty of Carjacking?
To prove the defendant committed
Carjacking, the state must show that the defendant:
- Took a vehicle that was not his;
- Took the vehicle from the immediate presence of someone who owned the car or with
someone in the car;
- Took the vehicle without the consent of the person present;
- Used force or fear to take the vehicle or to keep the person from resisting; and
- At the time he used force or fear, intended to deprive the person of possession
of the vehicle for any amount of time.
What is the sentence / punishment for Carjacking?
Carjacking is a
felony. It is punished by three, five,
or nine years in state prison.
What are possible defenses to charges of Carjacking?
To prove someone committed a crime, the state (through its prosecutors) must prove
beyond a reasonable doubt that the defendant committed each element of the crime.
Therefore, defenses to any crime start with negating one or more of the elements
of the crime. Additionally, some crimes allow for "affirmative" defenses
which, if the defendant can prove the defense applies, will result in a verdict
of "not guilty" even if the prosecutor proves the defendant met each of
the elements of the crime.
For
Carjacking, convincing the jury that the prosecutor failed to prove beyond
a reasonable doubt that the defendant intended to deprive the owner of the car for
any amount of time, the defendant used force or fear to get the vehicle, the owner
or a passenger was in or around the car, etc., would be enough to get a not guilty
verdict.
If the prosecutor can prove all the elements of
Carjacking, however, the defendant must prove that one or more justifications
for his actions existed (i.e., it is the defendant's burden to prove an affirmative
defense). For
Carjacking, some of these justifications include:
- Permission of the owner;
- Alibi;
- Duress / Threats;
- Necessity;
- Accident;
- Entrapment; and
- Statute of Limitations.
See also,
Vehicle Theft, Vehicle Theft-Emergency Vehicle
As with all information on this site, this information is provided for background
information only. It is not all inclusive and important information relevant to
your situation may not be on the website. If you have a legal issue, please do not
take any action (or inaction) based on information on this or any other site. Please
contact an attorney to discuss your case before making a decision on how to proceed.
You can reach an attorney at the
American Justice Center
by calling toll-free
1-877-432-5325.
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Contact Us:
980 9th Street,
16th Floor
Sacramento
California
95814
1-877-432-5325
toll-free
1-877-837-3609
fax
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