How You Can Successfully Fight a Carjacking Charge – Penal Code Section 215
Facing a carjacking charge in California can be incredibly daunting, but you don’t have to face it alone. By understanding the laws, knowing your rights, and building a solid defense, you can successfully fight these charges with the help of your lawyer. This blog post aims to arm you with the knowledge you need to stand a fighting chance.
If you are looking for a criminal defense attorney near you, then you can reach out to us at any of our offices. Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our experienced attorneys.
Carjacking Under California Penal Code Section 215
- Carjacking is addressed under California Penal Code Section 215, which defines the crime and stipulates the associated penalties. According to this section, carjacking is the unlawful taking of a motor vehicle in the possession of another, from their person or immediate presence, against their will, and accomplished by means of force or fear.
- The intent must be to either permanently or temporarily deprive the person of the vehicle.
- Additional penalties may apply if the carjacking involves other aggravating factors such as bodily harm, the use of deadly weapons, multiple victims, or if it occurs in conjunction with other serious crimes.
- Understanding the specific provisions of Section 215 is vital for crafting a robust defense and potentially mitigating the charges you face.
Penalties for Carjacking Charges (Penal Code Section 215)
California Penal Code Section 215 makes carjacking a felony crime punishable by:
- Three, five, or nine years in a California state prison, or
- Probation and up to one year in the county jail, and
- A fine of up to $10,000.
Defenses to Carjacking in California
Defending against carjacking charges in California requires a clear understanding of the law and the ability to effectively counter the prosecution’s claims. Below are some common defenses that can be employed:
- Mistaken Identity: One of the most powerful defenses is arguing that you were not the person who committed the crime. This can involve presenting alibi evidence, challenging witness testimony, or highlighting inconsistencies in the identification process.
- Lack of Force or Fear: The prosecution needs to prove that the vehicle was taken by force or fear. If you can demonstrate that no force or threat was involved, it may negate one of the key elements of the crime.
- Consent: If the vehicle’s owner or possessor consented to you taking the car, this could serve as a strong defense. Establishing that the car was taken with permission can dismantle the prosecution’s case.
- Involuntary Intoxication: If you were involuntarily intoxicated—meaning you were drugged or forced to consume drugs or alcohol—this can be used as a defense, arguing that you lacked the necessary intent to commit carjacking.
- Coercion or Duress: If someone coerced or threatened you to commit the crime, you might claim duress as a defense. Demonstrating that you acted under the immediate threat of harm can help mitigate your culpability.
- Actual Innocence: Sometimes, the best defense is proving that the alleged crime never occurred or that you had no involvement. Presenting exculpatory evidence, like video footage or witness statements, can help establish your innocence.
- Lack of Intent to Deprive: Carjacking requires an intent to either permanently or temporarily deprive the owner of the vehicle. If it can be shown that you had no such intent, this might serve as a valid defense.
Each of these defenses requires a strategic approach and thorough preparation. Working closely with an experienced attorney can help you determine the most viable defense based on the unique circumstances of your case.
Building a Strong Defense Case
Building a strong defense against carjacking charges involves several critical steps:
- Hiring an Experienced Criminal Defense Lawyer at Wallin & Klarich
- Gathering Evidence: Your lawyer will work with you to collect any physical evidence, such as video footage, photographs, or objects, that can support your case.
- Witness Testimonies: Your lawyer will work with a trained investigator to secure statements from witnesses who can corroborate your version of events.
- Expert Analysis: In some cases, expert testimony may be necessary. We will help you determine whether an expert is required and which expert to hire to help you win your case.
By following these steps, you will increase your odds of a favorable outcome in your case.
The Role of a Skilled Attorney
Navigating the legal system can be overwhelming, but a skilled criminal lawyer fighting for you can make a significant difference in the outcome of your case. Below are three of the many reasons you need to hire Wallin & Klarich when facing serious criminal charges like carjacking:
- Legal Expertise: An experienced lawyer understands the intricacies of carjacking laws and the best defense strategies.
- Courtroom Experience: A seasoned attorney knows how to effectively present your case in court.
- Protecting Your Rights: Your lawyer will ensure that your rights are protected throughout the legal process.
Contact Wallin & Klarich Today
If you are facing a carjacking charge, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
You may not be aware of all your options. Let our skilled attorneys examine your case to find the best way to avoid prison. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled criminal defense attorney.