Many people believe that carjacking and grand theft auto are the same thing but they’re not. While they do both refer to taking possession of a vehicle that belongs to someone else, there are very big difference between them. Keep reading to learn about these differences and then reach out to Law Office of Michael L. Fell at (949) 585-9055 to get a legal consultation if you’re facing these charges.

The definition of carjacking

First, let’s look at the definition of carjacking, which is a felony. It involves using force or fear to make a car from a person who owns it. It must be taken against their will and in front of the person who owned it. The prosecution must prove that the victim possessed the car, that you took it from their immediate presence, that you took it against their will using fear or force, and that you took it with the intention of keeping it either permanently or temporarily.

A conviction for carjacking can lead to between three and nine years in prison and fines of as much as $10,000. This also counts as a strike under California’s Three Strikes Law. If you already have a strike on your record then this conviction could double your consequences, and if you have at least two previous strikes then this conviction could lead to 25 years to life in prison.

The definition of grand theft auto

Grand theft auto refers to taking a vehicle that someone else owns. This type of auto burglary is different from carjacking is that it doesn’t require that the owner be in the immediate presence of the vehicle when it’s stolen. Carjacking is more serious because force or fear are required, which is not the case with grand theft auto.

Grand theft auto is a wobbler offense, which means that it can be charged as either a misdemeanor or a felony, depending on how serious the crime was and your criminal history. If you’re convicted of a misdemeanor you could be looking at up to 364 days in jail, while a felony conviction can result as much as three years in jail. With such a significantly difference between these two penalties, it’s easy to see why you need a criminal defense attorney on your side.

You don’t have to face these charges on your own

If you’ve been charged with or accused of either carjacking or grand theft auto then it’s time you contacted an attorney as soon as possible. At Law Office of Michael L. Fell we’re here to start off with a free legal consultation. Contact us at (949) 585-9055 to get the process started. This is a scary situation that could easily take you down a road that could ruin the rest of your life. Don’t let that happen. Get a qualified attorney on your side today.