Defending Against Carjacking Charges (Penal Code § 215) in California

Facing Carjacking Charges in California?

Carjacking is one of the most serious theft-related offenses in California. If you’ve been arrested or charged under California Penal Code § 215, the stakes couldn’t be higher. A conviction can carry years in state prison—and even worse, it can mark you for life as a violent felon.

At David P. Shapiro Criminal Defense Attorneys, we understand that every case has two sides. We’ve helped people in your position protect their future, including getting cases dismissed and records sealed when the circumstances were right.

Let’s take a closer look at how California defines carjacking, what prosecutors must prove, what penalties you may face, and how a skilled defense attorney can help.

What Is Carjacking Under California Penal Code § 215?

California Penal Code § 215 defines carjacking as:

“The felonious taking of a motor vehicle in the possession of another, from their person or immediate presence, against their will, and with the intent to permanently or temporarily deprive the person of possession—accomplished by means of force or fear.”

In plain terms, carjacking is not just stealing a car—it’s taking a car directly from someone, using violence or threats. That’s what makes it different from vehicle theft.

To convict you of carjacking, the prosecution must prove:

1. You took a vehicle that was in someone else’s possession.
2. The vehicle was taken from that person’s immediate presence.
3. It was taken against their will.
4. Force or fear was used to carry out the taking.
5. You intended to deprive the person of the vehicle—either permanently or temporarily.

Important Legal Notes:

• The “possessor” doesn’t have to be the legal owner.
• “Immediate presence” means the person could have physically prevented the taking if not for force or fear.
• Force or fear includes physical violence, threats of harm, or showing a weapon.

Penalties for Carjacking in California

Carjacking is always charged as a felony in California. The standard sentence under PC § 215 is:

• 3, 5, or 9 years in state prison

But depending on the circumstances, penalties can escalate significantly. You could face:

• Strike under California’s Three Strikes Law – meaning harsher penalties for future convictions
• Use of a deadly weapon – adds 1–10 years under Penal Code § 12022
• Gang enhancement – 15 years to life under Penal Code § 186.22 if the act benefited a gang
• Kidnapping during a carjacking – life in prison under Penal Code § 209.5
• Great bodily injury – adds 3–6 years under Penal Code § 12022.7

Carjacking vs. Robbery and Vehicle Theft: What’s the Difference?

It’s common for carjacking charges to be filed alongside or instead of robbery or auto theft, depending on the facts.

• Vehicle Theft (VC § 10851) is the unauthorized taking of a vehicle without force or fear. Think “joyriding” or stealing a parked car.
• Robbery (PC § 211) is the taking of any property from someone’s person or presence, using force or fear, including a vehicle.
• Carjacking (PC § 215) is specific to vehicles and involves the same elements as robbery but applies only to cars, trucks, or motorcycles.

You can be charged with both carjacking and robbery, but under PC § 215(c), you can’t be punished under both sections for the same act.

Legal Defenses Against Carjacking Charges

Just because you’ve been accused doesn’t mean you’re guilty. Our defense team examines every detail of your case, beginning with whether the prosecution can actually prove all five elements of carjacking beyond a reasonable doubt.

Some of the most effective defenses may include:

1. Lack of Force or Fear

If the vehicle was taken without any intimidation, the charge may be reduced to vehicle theft or even dismissed entirely.

2. Mistaken Identity

Carjacking incidents often occur quickly and under stress. Witnesses may misidentify the suspect or confuse descriptions. Surveillance footage or alibi evidence can make the difference.

3. Consent or Permission

If the alleged victim allowed you to take the car, or if there was a misunderstanding between friends, roommates, or family members, carjacking charges may not stand.

4. Insufficient Evidence

Carjacking is a serious charge that requires a high level of proof (beyond a reasonable doubt). If the evidence is weak or the investigation was sloppy, we can challenge the case aggressively.

5. Mental Health Considerations

In some cases, mental health conditions may have played a role in the alleged offense. Our firm has successfully used this approach to seek reduced charges or diversion options.

Real Case Result: Charges Dismissed, Record Sealed

Vehicle Theft and Resisting Arrest

Case Dismissed | Vista Courthouse

Our client was charged with felony vehicle theft and resisting arrest during a manic episode. At the preliminary hearing, we were able to get all charges reduced to misdemeanors. Then, misdemeanor diversion was granted, resulting in a full dismissal of the case, and the client’s arrest record was sealed.

This case shows what’s possible when you have a legal team that understands how to leverage the facts, protect your rights, and fight for your future.

Why You Need an Experienced San Diego Carjacking Defense Attorney

Carjacking is a strike, a violent felony, and it could follow you for life. Prosecutors may try to add enhancements, stack charges, or reject any offers for diversion or reduction.

That’s why having a reputable criminal defense attorney on your side is critical.

At David P. Shapiro Criminal Defense Attorneys, we:

• Have years of experience defending serious felony cases in San Diego
• Regularly appear in local courts, including Vista, Downtown, and El Cajon
• Take a team-based approach to every case, ensuring every angle is explored
• Have a track record of case dismissals, sealed records, and creative resolutions

We understand the pressure you’re under—and we know how to push back when your freedom is at stake.

Arrested for Carjacking in San Diego? Contact Us Today.

If you or a loved one is facing charges under Penal Code § 215, do not wait. Prosecutors move fast, and early intervention can lead to better results.

Let us help you take back control. At David P. Shapiro Criminal Defense Attorneys, we don’t just defend your case—we help you regain your reputation, your career, and your life.

Call us today or schedule a confidential consultation online.

Frequently Asked Questions

Is carjacking a strike offense in California?

Yes. Carjacking is classified as a violent felony and is a strike under California’s Three Strikes Law.

Can I get probation for carjacking?

It’s possible, but it can be difficult.

Can a carjacking charge be reduced or dismissed?

Yes. With an experienced defense team, charges can sometimes be changed to non-strike offenses—or even dismissed—especially when mental health, lack of evidence, or mitigating factors are involved.

What’s the difference between carjacking and vehicle theft?

Vehicle theft does not involve force or fear. Carjacking involves direct confrontation and is treated much more seriously under the law.