An Award-Winning Criminal Defense Law Firm In Your Corner

Santa Rosa - Sonoma County 707.571.8600 San Rafael - Marin County 415.492.4507
24Hr Immediate Response

Car Jacking

SANTA ROSA CAR JACKING LAWYER

In the state of California, it is illegal to take a motor vehicle in the possession of another. When force is used to take the car then the conduct is known as carjacking.

Carjacking is codified under California Penal Code (CPC) Section 215. Under the statute, the crime has been committed so long as force is used to deprive another of a car, and it does not matter if the person attacked was the owner or driver of the vehicle. Carjacking is often confused with the crime of robbery. Essentially, carjacking is a robbery but with the added intent to take another’s motor vehicle for some period of time.

SANTA ROSA CAR JACKING LAWYER

What Are The Penalties If You Are Convicted For Car Jacking?

Being convicted of a carjacking in California has serious legal ramifications. This is a felony offense and if you are convicted you face the possibility of serving a prison sentence for a term of three, five, or nine years at a California correctional facility. California laws in these situations can be very tough.

Carjacking is among the offenses that the state has classified as a strike under the California’s three strikes law. Under this law, if you have two or more felony convictions which are classified as serious or violent on your criminal record, being convicted of a third felony will result in you having to serve 25 years to life in prison.

What Are The California Car Jacking Defenses?

As with any crime you have been charged with, you are innocent until proven guilty. The prosecution has the burden of removing all doubt about your guilt. Evidence can be presented which casts doubt on whether the misconduct actually took place. There are many different defenses that can be brought, depending on the circumstances.

Some of the most common include:

Mistaken Identity

There are many individuals who have been wrongfully convicted because the state has relied upon eyewitness testimony. According to many advocacy organizations, eyewitness mistakes are the greatest cause of wrongful convictions nationwide. Our Marin County criminal defense attorneys will vigorously challenge any eyewitness’s testimony that the state attempts to introduce as evidence in your case. It is important to ensure this testimony is challenged because of its notorious unreliability.

False Accusation

Sometimes bad things happen to good people because not everyone conducts themselves with good intentions. Unfortunately, a person may be wrongly accused of crime because someone else has it in for them or has the desire to see a person punished. Our attorneys thoroughly review each case independently from the arresting incident. We scrutinize all facts and evidence to ensure that your legal rights are not compromised. We will fight to the end, even if it means taking your case to trial.

SANTA ROSA CAR JACKING LAWYER

Sonoma County Car Jacking Defense at the Law Office of Michael A. Fiumara

Our criminal defense attorneys at the Law Office of Michael A. Fiumara are proud to represent all those who have been charged with crimes in our area. Dealing with the legal ramifications of these charges is never easy for those involved. It is made much worse when one does not have an experienced, legal professional in their corner fighting for their rights every step of the way.

Everyone deserves the best defense possible. Please do not try to go it alone. Get in touch with our Sonoma County criminal defense law firm as soon as possible at 707-571-8600 OR 415-492-4507. 

Share this page:


00000

Select Language


Case Results

  • DUI- REDUCED
  • DOMESTIC VIOLENCE- REDUCED
  • POSSESSION OF METH- DISMISSED
  • FELONY ARSON- RESOLVED
  • RESISTING ARREST- RESOLVED
  • POSSESSION OF MARIJUANA- REDUCED
  • PROBATION VIOLATION- RESOLVED
  • POSSESSION OF COCAINE- REDUCED
  • CONCEALED WEAPON- DISMISSED
  • DRUNK IN PUBLIC- RESOLVED
  • JUVENILE DRUG/WEAPON- RESOLVED
  • FELONY RAPE- REDUCED
  • DUI- Hung Jury
  • SOLICITATION OF PROSTITUTE- DIVERSION
  • POLICE EVADING- REDUCED
  • DUI- REDUCED
  • DOMESTIC VIOLENCE- REDUCED
  • FURNISHING ALCOHOL/MINOR- RESOLVED
  • RESISTING ARREST- DISMISSED
  • ACCIDENT DUI- DISMISSED
  • CANNABIS CHARGES- REDUCED
  • DOMESTIC VIOLENCE- DISMISSED
  • DRUNK IN PUBLIC- DISMISSED
  • PUBLIC INTOXICATION- DISMISSED
  • JUVENILE CASE- DISMISSED
  • PROSTITUTION SOLICITATION- DISMISSED
  • ASSAULT & BATTERY- DISMISSED
  • ARSON- RESOLVED
  • PETTY THEFT- COMMUNITY SERVICE
  • POSSESSION OF NARCOTICS- DISMISSED
  • FELONY MARIJUANA- MISDEMEANOR
  • FELONY WEAPONS POSS.- REDUCED
  • Felony Assault - JURY ACQUITTAL
  • Domestic Violence - JURY ACQUITTAL
  • Felonies - REDUCED to 1 MISD.
  • Felonies - REDUCED to 1 MISD. NO JAIL
  • Sex Felonies - REDUCED/NO JAIL
  • Prostitution - DIVERSION/NO JAIL
  • 2nd Theft - DISMISSED
  • Drug Felonies - NO JAIL
  • Driving Misd - REDUCED TO INFRACTION
  • Resisting Arrest - DISMISSED
  • Juvenile Sex Felonies - DIVERSION
  • Multi-ED CODE Charges - REMAIN IN SCHOOL
  • 3 VOP'S - ALL DISMISSED
  • 1st Degree Burglary - REDUCED

As Featured In

Dedicated to Your Liberty

Your North Bay Criminal Defense Attorneys

Free Case Evaluation
I rarely need an attorney but when I have, Michael has been very attentive to detail, hard working and imaginative. One time when other attorneys essentially refused the work, saying I should walk away from the issue, Michael and his team were able to find a solution to the problem with very positive results
- Criminal Defense Client
Read More Comments