How much prison time do you get for carjacking?
Contents
- 1 How Much Prison Time Do You Get for Carjacking?
- 2 Carjacking is a Strike Offense in California
- 3 Sentencing for Carjacking in California
- 4 Sentencing Enhancements That Add Prison Time
- 5 Average Carjacking Sentences
- 6 How Our Carjacking Defense Lawyers Can Help
- 7 Get a Free Consultation with Our Carjacking Defense Lawyers Today
How Much Prison Time Do You Get for Carjacking?
Carjacking is a Strike Offense in California
First, it’s important to understand that carjacking is a “strike” offense under California’s Three Strikes sentencing law. This means:
- A first conviction counts as a “strike” on your record
- A second strike conviction leads to a doubled sentence
- A third strike can result in a mandatory 25-years-to-life prison term
So right off the bat, carjacking convictions put you in a precarious position for future offenses. The stakes are extremely high.
Sentencing for Carjacking in California
Even for a first offense, carjacking penalties are severe in California. Without any enhancements, a carjacking conviction carries:
- 3, 5, or 9 years in California state prison
- A fine of up to $10,000
- Restitution to the victim(s)
The exact prison sentence within that range depends on the specifics of the case and the defendant’s prior criminal record. But those “base” penalties are just the starting point.
Sentencing Enhancements That Add Prison Time
In many carjacking cases, additional sentencing enhancements can significantly increase the prison term. Common factors that trigger extra time include:
- Using a gun: 10 years for using a gun, 20 years for firing it, and 25-to-life for causing great bodily injury or death with it
- Causing great bodily injury: 3 to 6 additional years
- Carjacking for the benefit of a gang: 15 years to life in prison
- Prior felony convictions: Varies based on Three Strikes law
As you can see, it doesn’t take much for a carjacking sentence to escalate to decades behind bars, or even life in prison. And remember, any prison sentence is in addition to hefty fines and restitution.
Average Carjacking Sentences
While the theoretical maximum sentences for carjacking are terrifying, what matters most is the realistic penalties in actual cases. So what do the numbers show?According to the D.C. Sentencing Commission, between 2016-2020:
- 97% of carjacking convictions resulted in a prison sentence
- The average prison sentence for armed carjacking was 180 months (15 years)
- The average prison sentence for unarmed carjacking was 87 months (7.25 years)
As these stats reveal, multi-year prison terms are the norm—not the exception—for carjacking. Even unarmed carjacking typically leads to 7+ years behind bars. With a gun involved, 15 years is the average.
How Our Carjacking Defense Lawyers Can Help
Facing the possibility of a decade or more in prison is terrifying. But with an aggressive defense strategy, it may be possible to avoid a carjacking conviction or minimize the sentence. That’s where our battle-tested carjacking defense attorneys can make all the difference.We have a track record of success fighting carjacking charges in California and beyond. Our proven defense strategies include:
- Challenging unlawful searches and seizures to get evidence thrown out
- Asserting mistaken identity and presenting alibi evidence
- Negotiating for reduced charges, such as grand theft auto
- Fighting for alternative sentences, like probation or house arrest
- Arguing for the low-end of the sentencing range
No two cases are quite the same, so we’ll craft a tailored defense based on the unique facts of your case. Our goal is always to pursue the most favorable outcome possible, whether that’s an acquittal, dismissal, favorable plea deal, or mitigated sentence.
Get a Free Consultation with Our Carjacking Defense Lawyers Today
If you’ve been accused of carjacking, every day counts when your freedom is on the line. Don’t wait to start building your defense. Contact the Spodek Law Group today for a free and confidential consultation.With our battle-tested carjacking defense lawyers in your corner, you’ll be in the best position to fight the charges and protect your future. We’re here 24/7 to take your call and start mapping out your defense strategy. Call us now at 212-300-5196 or visit us online at https://www.federallawyers.com to schedule your free consultation.Remember – carjacking charges are serious, but you don’t have to face them alone. Let our experienced criminal defense attorneys even the odds and fight for your rights. Contact us today to get started.