The Difference Between Carjacking and Auto Theft in California
On the surface, carjacking and grand theft auto might seem like very similar crimes, but the State of California disagrees.
What is Carjacking?
The State of California addressed the topic of carjacking in California Penal Code Section 215. If you decide to take a car that is currently being operated or is in the possession of another person without that person’s permission, you can be charged with carjacking.
In a carjacking case, prosecutors face an uphill battle. In order to convict you of carjacking, the prosecution has to prove:
- The owner was quite close to the car when you drove away in it
- That you used either force or fear to gain possession of the car
- You fully intended to keep the owner from the vehicle on either a permanent or temporary basis
The punishment for being found gu...