PC 215 defines carjacking as taking a motor vehicle from another person’s immediate possession, against their will, through force or fear, with the intent to permanently or temporarily deprive them of possession of the vehicle. Carjacking is always charged as a felony in California, regardless of the value of the vehicle involved, and it is treated as a violent strike offense. This page explains what prosecutors must prove, how carjacking overlaps with other charges, and the penalties involved.
What PC 215 Prohibits
Unlike simple vehicle theft, carjacking requires that the vehicle be taken directly from a person — from their immediate presence — using force or fear. This is what makes carjacking a violent crime rather than a property crime: the law treats the confrontation with the victim as the defining feature of the offense, not merely the loss of the vehicle.
Elements the Prosecution Must Prove
-
The defendant took a vehicle that was not their own.
The defense may argue the defendant had a good-faith claim of
ownership or right to possess the vehicle. -
The vehicle was taken from the victim’s immediate presence.
This element can be contested where the victim was not truly near
the vehicle at the time it was taken. -
The taking was accomplished by force or fear.
The defense may dispute whether any force used was directed at
obtaining the vehicle, or argue the victim was not actually placed
in fear. -
The defendant intended to deprive the victim of possession, even temporarily.
Because carjacking only requires intent to temporarily deprive, this
element is broader than traditional theft, but the defense may still
challenge whether this intent existed at all.
Penalties for PC 215 Carjacking
| Offense Level | Prison Time | Fines | Other Consequences |
|---|---|---|---|
| Carjacking (Base Offense) | 3, 5, or 9 years | Up to $10,000 | Strike offense; parole supervision upon release |
| Carjacking with Firearm Use Enhancement | Base sentence plus 10 years to life, depending on firearm use | Up to $10,000 | Significantly increased parole eligibility timeline |
| Carjacking Involving Kidnapping | Potential life sentence when charged with PC 209 kidnapping | Up to $10,000 | Often charged alongside PC 207/209 kidnapping |
Defenses to PC 215 Charges
Carjacking defenses often focus on the specific circumstances of the confrontation — whether force or fear was actually used, whether the vehicle was truly taken from the victim’s immediate presence, and whether the defendant had a claim of right to the vehicle. Common defenses include mistaken identity, claim of right, insufficient evidence of force or fear, and duress. Our Violent Crimes Defense team evaluates each of these angles based on the specific facts of your arrest.
Related Statutes
- PC 207 (Kidnapping) — frequently charged alongside carjacking when the victim is moved during the incident; see PC 207 — Kidnapping.
- PC 211 (Robbery) — a related property/violent crime that can overlap with carjacking depending on what property is taken.
- PC 10851 (Vehicle Theft) — the non-violent counterpart to carjacking, applicable when force or fear against a person is not involved.
Last updated: July 2026. California carjacking law is subject to legislative and case-law changes; this page should be reviewed periodically to confirm penalty ranges remain current.
Contact a Carjacking Defense Attorney
If you are facing PC 215 carjacking charges, the details of the confrontation with the alleged victim will likely be central to your defense. Contact KN Law Firm’s violent crimes defense team today at (888) 950-0011 for a free, confidential consultation.
Charged Under PC 215?
Carjacking is always charged as a felony in California. Speak with Attorney Chris Nalchadjian today — free, confidential consultation.
