On Monday, a man in Los Angeles was arrested after allegedly completing three separate carjackings in one day. The rampage came to an end on the freeway after the man crashed a third car, allowing law enforcement to take him into custody. To learn more about this story, click here: http://www.latimes.com/local/lanow/la-me-ln-carjacking-suspect-arrested-20140811-story.html.
California's carjacking law is defined in Penal Code Section 215. Under Penal Code Section 215, it is a felony to temporarily or permanently take a motor vehicle from a person by means of force or fear. "By means of force or fear" describes actually using physical force or threatening to inflict injury. To be convicted of carjacking, it does not matter if the person whom the car was taken from was the driver or the passenger. Additionally, it does not matter if the victim owns the car. The most important factor to convict a person of carjacking is the use of force or fear.
Carjacking can become very serious quickly, and a conviction can result in a strike under California's three strike law. For this reason, it is important to consult an aggressive criminal defense attorney if you have been accused of carjacking. Lessem, Newstat & Tooson, LLP has had success defending cases that involve carjacking by using various defenses, such as mistaken identity or the absence of inflicting fear. If your or a loved one has been accused of carjacking, call now for a free consultation.