CARJACKING – ALWAYS A FELONY

Posted on: November 25, 2015 by in Criminal Defense
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Orange County criminal defense lawyerCalifornia Penal Code 215 and 663

In the California criminal justice system, some crimes are considered felonies, some are misdemeanors, and a third category of crimes, called wobblers, may be charged as either felonies or as misdemeanors. California considers carjacking to be a serious crime. It’s always charged as a felony, and if you are convicted of carjacking, prison time is likely. If you are charged with carjacking in Orange County or elsewhere in southern California, contact an experienced Orange County criminal defense lawyer without delay.

If you steal a parked vehicle in California, the charge is auto theft, but if you steal a vehicle directly from another person by using intimidation, violence, or a weapon, the charge is carjacking. Under California Penal Code 215, a carjacking charge is always a felony charge, and a conviction is punishable by up to nine years in the California state prison system. If a weapon was used, the sentence may be even lengthier. California Penal Code 663 says that even an unsuccessful carjacking attempt still legally constitutes carjacking. If you are charged with carjacking because you were wrongly identified, or if there was no carjacking and the allegation was entirely false, an experienced criminal defense lawyer will ensure that what really happened is explained to – and fully understood by – everyone involved.

If you are arrested for carjacking in southern California, politely insist on your right to remain silent and on your right to have an attorney present during questioning. Do not plead guilty or accept any plea bargain before speaking to an attorney. Do not attempt to act as your own lawyer – too much is at risk. When you’re accused of carjacking or any other crime, take immediate action to protect your freedom and your future. Obtain the legal advice and representation that you’re going to need, and contact an experienced Orange County criminal defense lawyer as quickly as possible.

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