California Penal Code 215 – Carjacking

Overview

California Penal Code 215 PC defines carjacking as the felonious taking of a vehicle from another person by means of force or fear. It’s a violent felony and a strike offense under California’s Three Strikes Law.

Carjacking charges are serious—and prosecutors often overcharge situations that may actually involve theft, unauthorized borrowing, or misunderstandings. At Jones Trial Attorneys, we challenge the prosecution’s narrative and build a defense that fights for your freedom and your future.

Legal Definition

Penal Code § 215(a) states:

“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, against his or her will and with the intent to either permanently or temporarily deprive the person… accomplished by means of force or fear.”

Key factors:

• Force or fear must be used

• The victim must be present during the taking

• The intent can be to take the vehicle permanently or temporarily

Elements of the Crime

To convict someone of carjacking under PC 215, the prosecution must prove:

1. You took a motor vehicle that was in someone else’s possession;

2. The vehicle was taken from the immediate presence of the person or a passenger;

3. You did so against the victim’s will;

4. You used force or fear to accomplish the taking; and

5. You intended to deprive the person of the vehicle, even if temporarily.

Penalties for Carjacking

Carjacking is a straight felony under California law:

• 3, 5, or 9 years in state prison

• Strike under California’s Three Strikes Law

• Up to $10,000 in fines

• Victim restitution

• Possible firearm or gang enhancements

If a gun was used, another person was injured, or the offense was gang-related, additional enhancements may add years to the sentence.

Carjacking is also considered a serious and violent felony, which means:

• No probation without strong justification

• 85% prison time must be served (not 50%)

Defenses to PC 215 Charges

Carjacking charges often depend on perception, memory, and fear. Common defenses include:

• No force or fear – You didn’t use intimidation or violence

• Consent – The vehicle owner allowed you to take the car

• Claim of right – You believed the car was yours or had permission to take it

• Misidentification – Especially common in fast-moving or low-light situations

• False accusation – Especially in disputes over relationships, loans, or ownership

We challenge the credibility of the accusation, the consistency of witness accounts, and the presence of any physical evidence tying you to the alleged carjacking.

Immigration and Employment Consequences

Carjacking is a deportable offense and may also lead to:

• Inadmissibility and bar to reentry

• Loss of DACA, visas, or green card eligibility

• Ineligibility for most professional licenses

• Barriers to housing, public benefits, and employment

We evaluate all options to avoid or reduce consequences through plea bargaining, strike-striking, or trial.

Related Offenses

• PC 211 – Robbery

Often charged alongside carjacking

• PC 487(d)(1) – Grand Theft Auto

May apply if no force or fear is involved

• VC 10851 – Unlawful Taking of a Vehicle (Joyriding)

Lesser charge for unauthorized use

How Jones Trial Attorneys Can Help

Carjacking is a high-stakes charge—and we treat it that way. We move fast to preserve surveillance footage, challenge police tactics, and examine every element of the alleged “force or fear.”

From pretrial negotiation to jury trial, we have the courtroom experience to fight these charges and win.

💼 Free consultations

⚖️ Trial-tested representation

📍 Local San Diego firm with deep courtroom experience

Talk to a Criminal Defense Attorney Today

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.