Can a person be convicted of carjacking if the victim is no where near the car? 6 Answers as of March 17, 2011

Can a person be convicted of carjacking if the victim is no whee near the car?

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Yes, depending on the facts.
Answer Applies to: California
Replied: 3/17/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
If the victim is really nowhere near the car, and that means, cannot see you take the car or is not prevented from exiting their house, for example, because of the possible threat of violence from the carjacker, then no, there is no carjacking. It has to be outside of the owner's immediate presence. It would then just be Grand Theft Auto (VC 10851(a)), punishable by 16 months, two years or three years in prison (half-time eligible), or up to a year in County jail. A car is in someone's immediate presence if is sufficiently within their control so that he or she could keep possession of it if not prevented by force or fear.
Answer Applies to: California
Replied: 3/17/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Law should require vehicle be under control of victim. Not sure how the jury instructions read. Otherwise, it's only a 10851 or 487 vehicle.
Answer Applies to: California
Replied: 3/17/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
If no one is with or near the car (driver,passenger,owner) and no force was used then it would not be car jacking.
Answer Applies to: California
Replied: 3/15/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Maybe. It always depends upon all the facts.

When arrested and charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, set up and attend the court hearing[s] and trial date[s]. Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for evidence suppression or other motions, plea-bargaining, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.
Answer Applies to: California
Replied: 3/16/2011
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