Los Angeles Carjacking Attorney

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Carjacking Defense Attorney in Los Angeles

If you have been charged with carjacking in Los Angeles your case will be handled by prosecutors who pursue these charges aggressively and who have significant resources behind them from the moment the arrest is made. Carjacking is a straight felony, a strike under the Three Strikes law, and when firearms or gang allegations are involved the sentencing exposure can reach decades. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against carjacking and serious violent felony charges throughout Los Angeles County. Attorney Hashemi knows how these cases are investigated, how prosecutors build them, and what it takes to challenge the evidence effectively from the first day. Contact our office today at (310) 448-1529 for a free confidential consultation.

Carjacking Charges in California — What You Are Facing

Penal Code 215 PC defines carjacking as the taking of a motor vehicle in the possession of another person against their will through force or fear with the intent to either permanently or temporarily deprive the person of the vehicle. Several elements of this definition are important to understand from the moment charges are filed.

First the intent element covers both permanent and temporary deprivation. Unlike theft charges which require intent to permanently deprive carjacking only requires that the defendant intended to take the vehicle even temporarily. A person who took a vehicle intending to return it can still be charged with carjacking under California law if force or fear was used to accomplish the taking.

Second the force or fear element is what separates carjacking from vehicle theft. The prosecution must prove that force was applied to the victim or that the victim experienced fear of immediate injury to themselves or someone else. When neither force nor fear was actually present the carjacking charge cannot be sustained and the conduct may only support a lesser theft charge.

A conviction under Penal Code 215 PC carries 3, 5, or 9 years in state prison. Carjacking is a serious felony and a strike under the Three Strikes law meaning a prior strike conviction doubles the base sentence and two prior strikes triggers 25 years to life. When the carjacking involved a firearm PC 12022.53 enhancements add 10, 20, or 25 years to life consecutively on top of the base sentence. When the victim suffered great bodily injury an additional 3 to 6 years apply under PC 12022.7. When the carjacking was alleged to benefit a criminal street gang a PC 186.22 gang enhancement adds additional consecutive years and can result in an indeterminate life term.

How Carjacking Charges Differ From Robbery

Carjacking and robbery are frequently confused and sometimes charged together. Robbery under PC 211 is the taking of personal property from another person through force or fear. Carjacking under PC 215 is specifically the taking of a motor vehicle through force or fear. The two charges can arise from the same incident when property inside the vehicle is also taken and prosecutors in Los Angeles regularly file both charges together to maximize sentencing exposure. When both are filed our criminal defense attorney challenges every element of each charge simultaneously because the defense strategy for one directly affects the other.

How We Defend Carjacking Charges in Los Angeles

Carjacking cases are built on eyewitness identification, surveillance footage, and victim testimony. Each of those evidence types is subject to challenge and our criminal defense attorney analyzes every piece of the prosecution’s evidence from the first consultation.

Eyewitness identification is the foundation of most carjacking prosecutions and it is one of the least reliable forms of evidence in criminal cases. Carjacking incidents happen quickly and under conditions of extreme stress that compromise a witness’s ability to accurately perceive and recall details. When the identification was made under poor lighting, from a distance, or based on a brief encounter our criminal defense attorney challenges it through the circumstances of the observation, the reliability of the identification procedure law enforcement used, and any inconsistencies between the initial description and the defendant’s actual appearance.

The force or fear element is also frequently contested. When the alleged victim did not actually experience fear of immediate injury or when the circumstances do not support a finding that force was used our criminal defense attorney challenges this element directly. Without force or fear the carjacking charge fails regardless of whether a vehicle was taken.

When the firearm enhancement is alleged our criminal defense attorney challenges whether the defendant personally used or discharged the firearm as required by PC 12022.53. When a codefendant used the weapon and the defendant’s specific role did not involve personal firearm use the enhancement may not apply and removing it dramatically changes the sentencing exposure.

When gang allegations accompany the carjacking charge our criminal defense attorney challenges the gang expert’s methodology, the basis for their opinion that the defendant is an active gang member, and whether the specific conduct actually benefited the gang as required by PC 186.22. Successfully defeating a gang enhancement in a carjacking case can remove years from the sentence and change the entire trajectory of the case.

Contact a Los Angeles Carjacking Attorney Today

Attorney Arash Hashemi has defended clients against carjacking charges and serious violent felony charges throughout Los Angeles County for over 20 years. He understands how the District Attorney’s office approaches PC 215 cases at each filing location, how to challenge identification evidence and firearm and gang enhancements, and where the defense has the most leverage from arraignment through trial. When you retain our firm Attorney Hashemi will personally review the facts of your case, analyze the evidence, explain your options, and build a defense strategy focused on the best available outcome from day one. You work directly with Attorney Hashemi at every stage from the first consultation through resolution. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing carjacking and serious violent felony charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.