Difference Between Car Theft and Carjacking in Virginia
May 25, 2016 by Jean Humbrecht
Car theft and Carjacking in Virginia sound the same, but they are in fact very different offenses. Both crimes involve stolen vehicles, but the difference between car theft and Carjacking in Virginia is the amount of force used, intent of the offender, and the penalty.
What is the Difference Between Car Theft and Carjacking in Virginia?
There are several differences between car theft (Va. Code §18.2-95) and Carjacking (Va. Code §18.2-58.1) in Virginia, and the Commonwealth must prove all of the elements of the particular crime charged in order to convict an offender of either car theft or Carjacking in Virginia.
Car Theft
One Difference Between Car Theft and Carjacking in Virginia is the Amount of Force Used to Take A Vehicle
Car theft is a form of Grand Larceny in Virginia. Therefore, to convict an offender of car theft in Virginia, the Commonwealth must prove all of the elements of Grand Larceny. 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.
Carjacking
Carjacking in Virginia 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 temporarily deprive another person of possession or control.
Difference Between Car Theft and Carjacking in Virginia: Force
Car theft in Virginia (Va. Code §18.2-95) is stealing a car, and Carjacking in Virginia (Va. Code §18.2-58.1) is stealing a car by force or violence. An offender can be convicted of car theft under Va. Code §18.2-95 without any proof of force or violence being used. However, to convict an offender of Carjacking in Virginia 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.
Difference Between Car Theft and Carjacking in Virginia: Intent
Car theft in Virginia requires intent to permanently deprive the owner of his property, but Carjacking can be proven with intent to permanently or even temporarily deprive someone of possession or control of a motor vehicle.
Difference Between Car Theft and Carjacking in Virginia: Penalties
Car theft in Virginia can be punished with anywhere from no time in jail up to 20 years in prison and a fine up to $2,500. Carjacking (Va. Code §18.2-58.1), on the other hand, is much more serious, and is punished with a MINIMUM of 15 years up to LIFE in prison.