Consequences for Carjacking

Posted on October 23rd, 2015 By

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By Richard Wingerden of the Law Offices of Richard Wingerden posted in Serious Felony.

A female suspect, 30, was taken into custody after trying to flee the crash scene on Lombard Street in San Francisco. She was arrested Wednesday after running into traffic on Highway 101 in Corte Madera, carjacking a Subaru and crashing the vehicle in San Francisco, police said.

Based on her actions, she will be charged with carjacking. Carjacking is a violation of Penal Code section 215 which states, “Carjacking is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or from the person or immediate presence of a passenger of the motor vehicle, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear.” If convicted, her prison exposure for this charge will be from 3 to 9 years.

Carjacking is classified as a serious felony under the Three Strikes Law. This means that if she was convicted of carjacking, any future felony she is convicted of will be doubled. For instance, if she committed another carjacking sometime in the future, her exposure would then be from 6 to 18 years.