Difference Between Carjacking and Car Theft in Fairfax
October 23, 2018 by Jean Humbrecht
Carjacking and car theft in Fairfax sound the same, but in fact they are very different crimes. Both offenses involve stolen vehicles, but the difference between Carjacking and car theft in Fairfax is the intent of the offender, the amount of force used, and the possible penalties.
What is the Difference Between Carjacking and Car Theft in Fairfax?
There are several differences between Carjacking (Va. Code §18.2-58.1) and car theft (Va. Code §18.2-95) in Fairfax, and the Commonwealth must prove all of the elements of the particular crime charged in order to convict an offender of either Carjacking or car theft in Fairfax.
Carjacking
Carjacking in Fairfax is the intentional seizure of a motor vehicle or seizure of control of a motor vehicle of another by violence with intent to permanently or even temporarily deprive someone of possession or control of that motor vehicle.
Car Theft
Car theft is a form of Grand Larceny in Virginia. Grand Larceny is taking property valued at more than $200, without consent, with the intent to permanently deprive an owner of his property or taking property from a person valued at $5 or more, without consent.
Difference Between Carjacking and Car Theft in Fairfax: Intent
Carjacking in Fairfax can be proven with intent to permanently or even temporarily deprive another person of his property, but car theft in Fairfax requires intent to permanently deprive the owner of his property.
One Difference Between Carjacking and Car Theft in Fairfax is the Penalty
Difference Between Carjacking and Car Theft in Fairfax: Force
To convict an offender of Carjacking in Fairfax under Va. Code §18.2-58.1, the Commonwealth must prove that force or violence was used to take possession or control of a vehicle. However, an offender can be convicted of car theft in Fairfax under Va. Code §18.2-95 without any proof of force or violence being used. In other words, Carjacking in Fairfax (Va. Code §18.2-58.1) is stealing a car by force or violence, and car theft (Va. Code §18.2-95) is merely stealing a car.
Difference Between Carjacking and Car Theft in Fairfax: Penalties
Carjacking (Va. Code §18.2-58.1) is a very serious offense and is punished with a MINIMUM of 15 years up to LIFE in prison. Car theft in Fairfax can be punished with anywhere from no time in jail up to 20 years in prison and a fine up to $2,500.