California Penal Code Section 215 (a) states that "Carjacking" is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or from the person or immediate presence of a passenger of the motor vehicle, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear. (b) Carjacking is punishable by imprisonment in the state prison for a term of three, five, or nine years."
At Rizio & Nelson we are uniquely qualified to assist you if you or a loved one has been charged or are facing charges of Carjacking. Many times clients who have been accused of carjacking can have their charges reduced or dropped in some cases.
It is important to understand that aspects of each carjacking charge is different, and penalties may increase and might even include the death penalty. Aggressive representation by an attorney at Rizio and Nelson can help defend against these charges.
You may be wondering how charges may be increased over basic carjacking charges – there are several ways: (a) a child was in the vehicle; (b) the car was transported over state lines or (c) someone was killed as a result of a carjacking incident. The following penal codes apply in these cases:
If a child is in the car: California Penal Code Section 209.5. (a) states that "Any person who, during the commission of a carjacking and in order to facilitate the commission of the carjacking, kidnaps another person who is not a principal in the commission of the carjacking shall be punished by imprisonment in the state prison for life with the possibility of parole."
If the car is driven across state lines: U.S. Code Title 18 Section 2312 states that "Whoever transports in interstate or foreign commerce a motor vehicle or aircraft, knowing the same to have been stolen, shall be fined under this title or imprisoned not more than 10 years, or both."
Additional charges if anyone is killed: California Penal Code Section 190.2 (a) states that "The penalty for a defendant who is found guilty of murder in the first degree is death or imprisonment in the state prison for life without the possibility of parole if one or more of the following special circumstances has been found under Section 190.4 to be true: (17) The murder was committed while the defendant was engaged in, or was an accomplice in, the commission of, attempted commission of, or the immediate flight after committing, or attempting to commit, the following felonies: (L) Carjacking, as defined in Section 215."
Since a variety of charges may be imposed
in the event of a carjacking, it is imperative that you hire an
attorney with the ability to defend against these charges. At Rizio
& Nelson we will work tirelessly to ensure that the lowest possible
charges are filed and to defend rigorously against all charges that
are ultimately filed. Call Rizio & Nelson twenty four hours
a day, seven days a week if you or a loved one is facing any charges
relating to carjacking.
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