Carjacking Crime Defense Attorney in Los Angeles, CA, Represents Clients Charged with Serious Felonies in Los Angeles County, Orange County, Ventura County, and Throughout Southern California
Carjacking isn’t just a crime of theft. It’s a serious violent offense, the penalties for which include jail time.
If you have been charged with carjacking in Los Angeles, California, you need an attorney who understands the serious consequences you’re facing and the intricacies of carjacking cases. At the Law Offices of Christopher Chaney, we aggressively defend our clients against charges involving serious violent crimes, including carjacking. Contact us today for a confidential, no-cost consultation with an experienced criminal defense lawyer.
Carjacking Charges in Los Angeles, CA
The statute of California law that deals with carjacking is Section 215 of the Penal Code. The law classifies carjacking as a form of robbery, which is considered a crime against a person, not merely a property crime.
If you’ve been charged with carjacking crimes in L.A., you need to know that the State of California considers this offense a felony and punishes those convicted with considerable jail sentences. A Los Angeles carjacking lawyer can help you build a robust defense against the charges.
Areas Our Los Angeles Carjacking Lawyer Serves
Carjacking crimes occur (or are alleged to occur) all across L.A. County, from Greater Hollywood to Lancaster, Pasadena, and Torrance.
Our carjacking crime defense attorney in Los Angeles, CA, routinely represents clients facing serious felony charges across Central L.A., San Fernando Valley, San Gabriel Valley, Antelope Valley, Gateway Cities, Westside, South Bay, and beyond.
Elements of Carjacking Crimes in California
Carjacking is a specific criminal offense, not a catch-all term for the theft of a car. If you have been charged with carjacking in Los Angeles, CA, the case against you must establish five important elements to secure a conviction.
Taking Possession of the Vehicle
First of all, carjacking entails taking possession of the vehicle, not merely stealing items out of it.
Under California law, taking possession of the car means moving the vehicle, even if only a slight distance. If a would-be carjacker abandons the plan without moving the vehicle or is caught before they succeed in moving the vehicle, they haven’t met the requirements for a carjacking charge. They may, however, face charges like attempted carjacking.
On the other hand, if there was no attempt to actually gain control of the vehicle but only to steal items out of it, theft charges would be more fitting for this offense than carjacking charges.
The Immediate Presence of a Car’s Owner, Driver, or Passenger
Because California law classifies carjacking as a crime against a person, the immediate presence of a human victim is important. The victim of a carjacking crime may be the driver or a passenger, even if these people are not necessarily the owners of the car. In many carjacking crimes, this immediate presence means that the owner, driver, or passenger of the car is in the vehicle at the time it is taken, but that isn’t always the case. A crime may constitute carjacking even if the owner wasn’t in the vehicle if they were present to such an extent that they could observe, reach, and control the car.
Taking the Car Against the Victim’s Will
Control of the vehicle must be taken against the will of the victim or without their consent for the crime to constitute carjacking. You can’t be convicted of carjacking a vehicle that you had permission to borrow or take even if you failed to return it as promised, although you could face other theft-related charges for doing so.
Depriving the Victim of the Vehicle
By taking control of the vehicle, a carjacker deprives the owner or driver of their property. One doesn’t have to sell the car or keep it permanently to constitute a carjacking crime. Even temporarily depriving the driver of the car can constitute carjacking.
Using Force or Fear
What makes carjacking such a serious offense is this element: the use of force or fear to take possession of the vehicle. This may mean physically harming the victim or threatening them with physical harm. In some cases, it includes brandishing a gun or another weapon, although a carjacker doesn’t have to be armed to threaten, hurt, or physically force the victim to give up control of the vehicle.
How a Los Angeles Carjacking Lawyer Defends Clients
Because so many elements must be proven in a carjacking case, defense attorneys can present arguments against the prosecution’s ability to prove any one of these elements as part of their legal strategy. A carjacking crime defense attorney in Los Angeles, CA, may argue that you didn’t use force or fear in taking control of the car or that you had permission to take the car.
In certain situations, a lawyer may argue that you were falsely accused in a case of mistaken identity.
Contact a Los Angeles Carjacking Lawyer at the Law Offices of Christopher Chaney Today for a Confidential, Free Consultation
The carjacking charges against you won't just go away on their own, and they could land you in jail for a long time. Retaining a criminal defense lawyer from the get-go will help you protect your legal rights and put you on the path to the strongest possible defense strategy for your circumstances.
For help from a carjacking defense attorney in Los Angeles, CA, contact the Law Offices of Christopher Chaney online or call (310) 209-3999 today.
