Carjacking ?

[cali_kitten113]

What is the name of your state? CA

Hello. A friend of mine was arrested last night for carjacking. My friend and two other people were involved. One of the other guys I guess beat some guy up and took the guys truck. My friend and the other guy followed the other guy in the truck and had nothing to do with beating the guy up or taking the car. Well, Cops ended up pulling my friend over and the guy in the stolen car got away. I wanted to know if they can really charge and convict my friend of carjacking, even if he was not the one who beat the guy up and took his car. Thanks!

 

[seniorjudge]

Tell us exactly what you did.

Facts and details, please.

Thank you.

 

[CdwJava]

Hello. A friend of mine was arrested last night for carjacking.

Very bad! This is a very serious felony offense!

My friend and two other people were involved.

Your friend needs to find other recreational activities or some new friends.

One of the other guys I guess beat some guy up and took the guys truck.

Yep - that's carjacking ... which, in this case, would essentially be strong-arm robbery of a car.

My friend and the other guy followed the other guy in the truck and had nothing to do with beating the guy up or taking the car.

Nah - they just followed him ... for what? To pick him up later?

If they followed him while they were on the phone to the police, that would be one thing. At this point they sound like principals to the crime!

Well, Cops ended up pulling my friend over and the guy in the stolen car got away. I wanted to know if they can really charge and convict my friend of carjacking, even if he was not the one who beat the guy up and took his car. Thanks!

Yes, they can. Your friend would be well-advised to consult an attorney today. He might also consider a deal to roll over and testify against his pal. If he cooperates with the prosecution he MIGHT avoid state prison.

- Carl

 

[Happy Trails]

They were accomplices!

215. (a) "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.

(b) Carjacking is punishable by imprisonment in the state prison for a term of three, five, or nine years.

(c) This section shall not be construed to supersede or affect Section 211. A person may be charged with a violation of this section and Section 211. However, no defendant may be punished under this section and Section 211 for the same act which constitutes a
violation of both this section and Section 211.

 

[ezmarelda]

I suggest, kitten, you find new friends

 

[CdwJava]

And, in California an "accomplice" is tried as a principal.

Accomplice Defined (Pen. Code, § 1111)

"Accomplice" is defined as a witness at trial who is liable for the same offense(s) for which the defendant is on trial. He is, in effect, a principal, because he aided and abetted in the commission of the offense and shared the intent of the defendant.

However, a conviction cannot be had based simply on the testimony of an accomplice. Instead, the accomplice's testimony in most instances must be corroborated.

A "feigned" accomplice is one who participates in a crime for prosecution purposes only and who lacks criminal intent. "Feigned" accomplice testimony need not be corroborated.

- Carl

 

[calikitten113]

Wow! Thank you so much for the 411! You rule a big part of the earth!