A “Strike” Under California's Three Strikes Law. Carjacking is a very similar crime to robbery. A carjacking is a robbery. Carjacking is defined under California Penal Code 215 PC.
The Three Strikes Law is a legal provision that mandates a harsher punishment for individuals convicted of a serious or violent felony if they have been previously convicted of two or more serious or violent felonies. The legislature became more specific in these cases because people were explicitly, and still are, targeting high-dollar cars to take away from people by either force, fear, or a weapon or threat.
Therefore, the legislature has become particularly specific in labeling it a carjacking, rather than a robbery, even though it meets all the elements of theft. It also has a lot of the same consequences as a robbery. It's a strike under the Three Strikes Law. It's a violent felony, so you have to serve 85% of any time that the judge gives you, and obviously, it's something you don't want on your record if you could avoid it.
So, you want to try, at least from a defense standpoint, to take it out of the gamut of the classic carjacking case where the person has targeted a specific high-dollar car and is trying to take it away from the other individual by force or fear.
Many carjackings occur not for the car itself, but because the perpetrator simply needs a vehicle. In such cases, a strong defense argument could potentially help you avoid a carjacking conviction, offering a glimmer of hope in a challenging situation.
If you can avoid it, you don't want that on your record; you would rather have something like grand theft or another theft-related offense that doesn't carry that negative connotation and isn't likely to result in a prison sentence for an extended period.
If you or a loved one is facing carjacking charges, it's crucial to understand that the prosecutors will likely push for prison time and a strike on your record. However, with the right attorney by your side, one who has successfully handled these types of cases before, you can feel reassured that you have a strong advocate fighting for you.
One who has had success knows what it takes to try to defend the case either if there is a defense to the carjacking or, if there's not a defense, mitigate it down to try to avoid some of the dire consequences, like prison time, a strike on your record for the rest of your life, and a whole host of other potentially harmful effects when it comes to these carjacking cases.
Using Force or Fear to Commit Carjacking
It uses force or fear to take somebody's car away from them. Sometimes, people will come up with a gun, point it at the person, and tell them to get out of their car and take it away.
Other times, I've seen a knife used. I've seen them catch somebody by surprise, pull them out of the car, violently hit and beat them, and take their vehicle away.
When evaluating these carjacking cases, assess the person's target. The prosecutors and judges consider the value of the car, whether it was damaged, the defendant's criminal record, and whether they have a history of similar offenses.
Fighting Carjacking Charges
Another thing you want to look at is do you have a defense. Maybe there's an identification problem. The person can't identify who the carjacker was, and the police somehow have some thin evidence pointing to your guilt.
Sometimes, you're caught in the car, and other times, you're driving away with the vehicle. The police pull you over, and the person can identify you as the carjacker. In that case, you're likely to need help to defend the case.
You'll need to work out a negotiated plea with a skilled criminal defense attorney. A negotiated plea is an agreement between the defendant and the prosecutor where the defendant agrees to plead guilty or no contest to a lesser charge or to a reduced sentence in exchange for a more lenient punishment. Your attorney can highlight all the mitigating factors about you, including your life, family, work, and personal circumstances, to try to avoid some of the dire consequences associated with these types of cases.
When I evaluate a carjacking case, the first thing I do is meet with the family or the person in trouble, and I go over their entire story with them. I encourage them to tell me the truth about what happened.
I'm not under any false misconceptions, so I can adequately represent the person. After I review their entire story, we discuss whether there are any potential defenses. Lastly, we will discuss damage control mitigation strategies that we can implement with the prosecutors to make a difference.
For example, we can get some character letters about you. We could get a letter from your job. The job doesn't necessarily require knowledge that you're charged with carjacking, but they could simply be issuing a letter stating your good character and highlighting your work ethic. Again, we're trying to help you move beyond being a convicted carjacker to becoming a productive member of society who simply made a mistake.
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