Los Angeles Carjacking Defense Attorneys
How To Combat Carjacking Accusations In California
Carjacking, with or without a weapon, is a serious felonious charge that will follow you for the rest of your life and cause you to forfeit your freedom. Even just being accused of carjacking, whether you are convicted or not, can hurt your relationships with those you love, your ability to be properly employed, and your reputation. These circumstances warrant the best help money can buy in Southern California.
Have you, or a member of your family, been arrested or accused of a carjacking? If so, you deserve the very best attorneys fighting for you. We at Werksman Jackson & Quinn LLP have years of experience as criminal defense attorneys. We believe strongly that everyone is innocent until proven guilty. But we know that isn’t always how our society works. Let us fight for you and your right to a fair trial. Call us at (213) 688-0460 so that we can discuss your case.
What Is Carjacking?
Carjacking, as outlined by California Penal Code 215, is the forcible taking of a vehicle directly from the present owner, under duress or fear, to permanently separate this person from their property. Carjacking is always considered a violent crime whether a weapon is used or not because the perpetrator threatens and instills fear in the vehicle's owner to get them to immediately give up their property.
The law also recognizes a carjacking attempt as an actual carjacking. Even if the supposed perpetrator does not take off with the vehicle, the victim is still afraid and so, therefore, a felony carjacking crime has been committed. But, if the car was simply stolen and then returned, without an eyewitness that was threatened, the charge should legally be considered robbery and not carjacking. A present and fearful victim makes the crime more serious.
Stealing a car without the owner present, but rather in the presence of a passenger, is still considered carjacking. When a weapon is in the perpetrator's possession, or even if the threat of a weapon is implied but doesn't exist, the crime is considered even more serious and can carry extra charges. The weapon doesn't have to be used.
Stealing the car with a person inside of the car, knowingly or not, calls for a kidnapping charge as well. Carjacking a bus filled with children or other occupants can even be considered a federal crime due to the sheer number of victims involved in the crime.
What Are Penalties for Carjacking?
The penalties for carjacking, of course, depend upon the details of your supposed crime. Carjacking is always a felony and a person could spend three, five, or nine years in jail for that charge alone, not counting any other charges that accompany it. Fines and court costs are wholly dependent on any damage caused in the process of the jacking.
It is always important to remember that California is a three-strike state where your third serious and/or violent felony is punished by a prison term of twenty-five years to life. A fourth strike is a life sentence, without the possibility of parole. This punishment system has always been seriously harsh in the California penal system and an experienced trial lawyer is more than essential when facing these charges.
How We Can Defend You
Our knowledgeable and results-driven team can defend you in these circumstances. We have access to professional investigators that the court system does not, and we thoroughly investigate each accusation with gusto, to determine and prove your innocence and set you free. Or, at the very least, win you the lightest punishment possible.
We need to work together and build a defense based on a few essential options to get you the results you desire. We will have to combat the argument of the prosecutors who must prove that you intended to take a vehicle you didn't have consent to drive:
Intent: We must prove that you did not have the intent to commit an actual carjacking.
- The vehicle is owned by the supposed perpetrator and they were taking the vehicle back from a previous theft.
- The supposed perpetrator does not have the mental capacity to understand the actions they were committing and cannot understand the consequences of their behavior.
Consent: We must prove that you had received consent to take the vehicle.
- The vehicle was taken with the direct consent of the owner, who then reported a crime due to a grudge, for example.
- The vehicle was given to the perpetrator without threat and fear; therefore, the charge should be robbery and not carjacking.
Call Us For An Effective Defense
If you are charged with carjacking, then you should contact a violent crime defense lawyer immediately to begin working on your defense. Werksman Jackson & Quinn LLP operates in Southern California and our expertise covers a wide area of the law, both state and federal.
We have proven experience and positive results with our defense of violent crimes and we understand your situation. Our highly educated and dedicated team offers you the most thorough and supportive defense with the greatest resources available. We are here for you.
Call us at (213) 688-0460 or contact us through our website to schedule a free consultation. The decisions you make right now will determine the quality of the rest of your life. Allow us to help you.
Contact Werksman Jackson & Quinn LLP Today
Phone: (213) 688-0460
Fax: (213) 624-1942
Recent Case Results
- Complete Dismissal of Molestation Charges
Attorney Mark Werksman’s 29 year old client was falsely accused of molesting two neighborhood children and was subsequently charged with felony child molestation, with a significant prison sentence hanging over his head should he be convicted. Instead, at the preliminary hearing Werksman was able to convince the court to grant his client a complete dismissal of any charges.
- Decision Set Aside
Client, a college student in a faulty Title IX case, was awarded $130,000 in attorney fees.
- Probation with No Jail Time for Drug Money Laundering Charge
Wilmington man accused in New York federal court of laundering drug money through the sale of laptop computers. Mark was able to get the case transferred to federal court in Los Angeles, where he convinced the United States Attorney to reduce the charges. His client was sentenced to probation with no jail time on a misdemeanor conviction.