California Penal Code § 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.
This felony is not the same crime known as grand theft auto. Carjacking requires that the defendant take the vehicle with force or fear in the immediate presence of the owner or passenger. Therefore, if you have been charged with this crime and you believe that force or fear was not used, the prosecution may be unable to convict you.
There are also many defenses available to a defendant charged with carjacking. A person may be wrongly accused of carjacking when there was an agreement for the defendant to borrow the car. A victim may also misidentify the defendant.