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What the Prosecution Must Prove to Charge and Convict Someone of Carjacking - Penal Code Section 215

By Walin & Klarich

The crime of carjacking comes under the broad scope of California theft-related offenses. To be found guilty of carjacking in California, the defendant must have taken a motor vehicle from the custody of another person by force, violence, or assault. For the prosecution to meet its burden for a carjacking conviction, it must be proven, beyond a reasonable doubt, that the taking of the motor vehicle was done with the intent to temporarily or permanently deprive the true owner of their right to use or possess the motor vehicle. As you can see, several complex elements must be met and proven to support allegations of carjacking.

Full post as published by Southern California Criminal Defense Blog on January 29, 2010 (boomark / email).