San Bernardino Carjacking Defense Attorneys

Defending the rights of Californians who are facing criminal charges for carjacking in San Bernardino

Have you been charged with carjacking in San Bernardino? This is a serious crime that happens when one person takes a car from another person by means of force or fear. It doesn’t matter if the person you took the car from was the driver or the passenger. If you used force or fear to take the car from someone, you can be charged with carjacking under California Penal Code 215.

A carjacking conviction in San Bernardino carries a prison sentence of up to nine years. Do not let anyone intimate you – you have rights, too. Contact the experienced carjacking defense lawyers in San Bernardino from the Law Offices of David S. Chesley to learn about your legal options.

What is Considered Carjacking in San Bernardino?

It’s important to understand what carjacking is and is not, and what a prosecutor needs to prove that you are guilty. Carjacking is a serious crime because it is considered a form of robbery. In a carjacking case, you take a vehicle from someone against their will while using force or fear to ensure they can’t fight back.

To be found guilty of this crime, the prosecutor must prove that you took the vehicle from a person’s immediate possession and presence. You must have also used force or fear to intimidate the victim. It’s important to point out that it doesn’t matter if you are the owner of the vehicle. If you used force or fear to take a vehicle, you can be found guilty of carjacking.

What are the Penalties for Carjacking in San Bernardino?

Carjacking is a felony crime that is punishable by imprisonment of three, five or nine years and/or a $10,000 fine. Your sentence can be extended if you injured the victim, used a gun, committed the offense for the benefit of a gang or kidnapped an individual during the carjacking. To be clear, you face this punishment for each person that was in the car at the time of the carjacking.

Carjacking is also considered a “strike” under California’s Three Strikes Law. This law increases the prison sentence for those who have been previously convicted of two or more violent crimes or serious felonies.

Moreover, our San Bernardino carjacking defense lawyers often find that carjacking crimes are tied to other crimes, such as:

• When you steal a car from someone, you violate Penal Code 211, California’s robbery law. However, PC 215 was created to charge a person more seriously for stealing a vehicle. It is possible to commit both crimes in one, such as if you demanded the person’s wallet and took their car. Robbery is a felony charge, punishable by two to five years in a state prison.
• Grand theft auto. Grand theft auto, or GTA, occurs when you steal someone’s car. You do not have to use force or fear to do so, which is the key difference in GTA and carjacking crimes. Grand theft auto is a wobbler crime, so you can be charged with a felony or misdemeanor. Misdemeanors are punishable by one year in a county jail and up to a $1,000 fine. Felonies are punishable by up to four years in a state prison and up to a $10,000 fine.
• Auto burglary. If the car you stole was locked, you could also be charged with auto burglary. This is a wobbler crime that can be charged as a misdemeanor or felony (see above).
• Joyriding occurs when you drive a car that does not belong to you. There is no force or fear requirement, and the crime can be charged as a misdemeanor or felony.
• If you stole a vehicle that had someone inside it, you could be found guilty of kidnapping under Penal Code 209.5. This usually occurs when a person drives away with someone in the car, moving the victim a substantial distance and/or increasing harm to the victim. If you are convicted of aggravated kidnapping under PC 209.5, you could face life in prison.
• If you use force or violence on the victim to remove them from the vehicle, you could also be charged with battery under Penal Code 242. This is a misdemeanor that carries up to six months in jail. If you inflict serious bodily harm on the person using a gun or weapon, you could face additional charges for battery or assault.

Because carjacking is often connected to other serious crimes, it’s imperative that you speak with the best carjacking defense attorneys in San Bernardino. The Law Offices of David S. Chesley will evaluate your case and help you develop a strong legal defense. Your life shouldn’t be ruined over one poor choice.

What Legal Defenses Can be Used?

Below are the most common legal defenses that can be used to fight carjacking cases. A careful examination of your case can determine the best route to pursue.

• Force or fear was not used. If you did not use force or fear when taking the car, you are not guilty of carjacking under Penal Code 215. You could still be charged with a less serious offense, such as grand theft auto or joyriding, but carjacking would not apply.
• Consent was given to the take the vehicle. If you were given consent to take another person’s vehicle, you did not commit carjacking. You can only be charged with carjacking if you took the vehicle from someone against their will. However, you can still be charged with grand theft auto or joyriding.
• Someone has mistaken you for taking a car. Mistaken identifications happen all of the time. If you are innocent and being mistaken for committing a carjacking crime, our San Bernardino carjacking defense attorneys will use this defense. Carjackings are stressful events, and it’s possible that the victim misidentified you.

Remember, “claim of right” is not a valid defense. Even if you are the true owner of the vehicle, you cannot use force or fear to regain possession of your vehicle. We have seen these situations before, and while it may seem to be the right thing to do in the moment, you can end up being charged with a serious felony. California considers carjacking to be a crime of possession and not ownership.

If you are being accused of carjacking, contact the Law Offices of David S. Chesley. Our aggressive, affordable carjacking defense lawyers in San Bernardino will review your case and determine the best legal defense. Our goal is to reduce your charges or have them dropped altogether so that you can put this situation behind you.