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Fresno Criminal Defense Attorney | PC 215 Carjacking

Carjacking is a violent crime than can cost you your freedom.  If you've been charged with this allegation, you need the very best.  Call today for help with this charge.
Felony Carjacking is a violent crime that could be subject to "three Strikes" laws and cost you your freedom. Let Jonathan help you.

PC 215 Carjacking

PC 215 (a) 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 of the motor vehicle, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear.

(b) Carjacking is punishable by imprisonment in the state prison for term of three, five, or nine years.

(c) This section shall not be construed to supersede or affect Section 211. A person may be charged with a violation of this section and Section 211.  However, no defendant may be punished under this section and Section 211 for the same act which constitutes a violation of both this section and Section 211.

What are the elements of carjacking?

1. The defendant felonious too a motor vehicle from the possession or immediate presence of the victim.

2. The victim was either the driver or the passenger of said motor vehicle.

3. The motor vehicle was taken against the will of the person in possession.

4. The taking was accomplished by means of force or fear.

5. The defendant acted with the intent to either permanently or temporarily deprive the person in the possession of the vehicle of that possession.

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