San Diego Carjacking Defense Lawyer
Being accused of carjacking in California is no small matter. This serious felony charge involves allegations of force, fear, and theft—all rolled into one. A conviction can result in years in state prison and a permanent mark on your record that follows you for life. Yet many carjacking charges are based on false assumptions, misunderstandings, or unreliable witness statements. When your future is on the line, you need a San Diego carjacking defense lawyer who knows how to challenge every element of the case against you.
Anthony Z. Vargas, Esq., Attorney at Law, defends individuals charged with carjacking and other violent theft crimes throughout San Diego County and makes regular appearances at courthouses in El Cajon, Vista, Chula Vista, and downtown San Diego. As a former Public Defender, Anthony Vargas has handled hundreds of serious felony cases. He knows how to pick apart the prosecution’s case and present a strong, strategic defense designed to protect your rights and restore your peace of mind.
What Is Carjacking Under California Law?
California’s carjacking law is found in Penal Code § 215, which makes it a felony to take a motor vehicle from another person by means of force or fear. Specifically, the prosecution must prove:
- You took a motor vehicle that was in the possession of another person;
- You took it from their immediate presence;
- You used force or fear to accomplish the taking; and
- You intended to permanently or temporarily deprive the person of the vehicle.
Unlike auto theft, which typically involves taking a parked and unattended car, carjacking involves a direct confrontation with the driver or passenger. This key distinction is what makes carjacking a violent felony and a “strike” offense under California’s Three Strikes law.
Penalties for Carjacking in California
Carjacking is a felony offense that carries severe consequences. If convicted, you face three, five, or nine years in state prison and up to $10,000 in fines. A carjacking conviction also places a strike on your record, subjecting you to enhanced penalties for future offenses. If the offense involved a weapon, caused injury, or was committed for the benefit of a gang, sentencing enhancements can add years of incarceration.
In some cases, carjacking can be charged alongside other felonies, such as robbery, assault with a deadly weapon, or kidnapping—especially if the alleged victim was forced to move or remained in the vehicle. These combinations can dramatically increase exposure to time in prison. Additionally, if you are not a U.S. citizen, a conviction for carjacking can also lead to immigration consequences, including deportation.
How Prosecutors Build Carjacking Cases
Carjacking charges often hinge on the statements of a single witness or victim. Police and prosecutors may rely heavily on eyewitness identification, surveillance footage, or circumstantial evidence. But memory is fallible, and rushed or biased investigations can lead to false accusations.
Anthony Vargas digs deep into the facts of each case. He scrutinizes whether the alleged victim was actually placed in fear, whether the vehicle was taken from their immediate presence, and whether any force or threats were truly used. He also looks closely at how the police handled the identification process—because misidentification is a leading cause of wrongful convictions in carjacking cases.
Possible Defenses to Carjacking Charges in San Diego
Every case is different, and the best defense depends on the facts. Some of the most effective defenses to carjacking include:
- Lack of force or fear – If the vehicle was taken without a threat or act of violence, the conduct may not meet the legal definition of carjacking.
- Claim of right – If you believed in good faith that the vehicle belonged to you, or that you had permission to take it, you may have a viable defense.
- Mistaken identity – If you were wrongly identified as the perpetrator, Anthony can challenge the reliability of that identification and present alibi evidence or other proof of innocence.
- No immediate presence – If the alleged victim was not near the vehicle at the time of the taking, the charge might not hold up.
- Lack of intent – The prosecution must show you intended to deprive the owner of their car, even temporarily. If you didn’t form that intent, the charge may not apply.
Anthony approaches each case with the goal of securing the best possible outcome, whether that means getting the charges dismissed, reduced, or beating them outright at trial.
Carjacking Charges and Gang Enhancements
In some cases, prosecutors will allege that a carjacking was committed for the benefit of a criminal street gang, triggering additional punishment under California’s gang enhancement laws (Penal Code § 186.22). This can add up to 10 years to your sentence and can even lead to a life sentence if combined with certain other crimes.
Anthony Vargas knows how to push back against these allegations. He’ll force the prosecution to prove not only that the carjacking occurred, but that it was actually gang-related—something they often overreach on with weak or speculative evidence.
Why Choose Anthony Vargas for Your San Diego Carjacking Defense?
Anthony Vargas is not just an experienced criminal defense attorney—he’s a seasoned trial lawyer with deep roots in the San Diego legal community. As a former Public Defender, he’s handled a wide range of violent felony cases, including carjacking, robbery, and assault. He brings that experience to every client’s defense, along with a calm, focused approach that clients appreciate in times of stress and uncertainty.
When you work with Anthony, you can count on:
- Clear communication and straightforward advice
- Aggressive representation at every stage of the case
- A personalized strategy tailored to your circumstances
- Relentless advocacy to protect your freedom and future
Talk to a San Diego Carjacking Defense Lawyer Today
If you’ve been arrested or charged with carjacking in San Diego, the time to act is now. Carjacking charges carry steep penalties, but with the right legal defense, you may be able to avoid prison and protect your record.
Contact Anthony Z. Vargas, Esq., Attorney at Law, today to schedule a confidential consultation. Anthony is a skilled San Diego carjacking defense lawyer who will listen to your story, explain your options, and begin building the strong defense you deserve.