Difference Between Carjacking and Car Theft in Virginia

Carjacking (Va. Code §18.2-58.1) and car theft in Virginia (Va. Code §18.2-95) sound the same, but are very different.  This post discusses the difference between Carjacking and car theft in Virginia.

What is the Difference Between Carjacking and Car Theft in Virginia?

Carjacking and car theft in Virginia both involve stealing another person’s car.  There is, however, a difference between Carjacking and car theft in Virginia.

Carjacking

Carjacking in Virginia (Va. Code §18.2-58.1) is stealing a car by force or violence.  It 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 another person of possession or control.

Click here for more information on a Carjacking charge in Virginia.

Car Theft in Virginia

Car theft in Virginia (Va. Code §18.2-95) is taking another person’s car, without consent, with the intent to permanently deprive the other person of his property.

Click here for more information on car theft in Virginia.

difference between carjacking and car theft in Virginia

One Difference Between Carjacking and Car Theft in Virginia is the Use of Violence

Difference Between Carjacking and Car Theft in Virginia: Violence

To convict an offender of Carjacking in Virginia, the Commonwealth must prove the offender used force or violence to obtain possession or control of a motor vehicle.   However, an offender does not need to use any force or violence to be convicted of a car theft in Virginia.

Difference Between Carjacking and Car Theft in Virginia: Intent

Carjacking conviction in Virginia can be proven with intent to permanently or even temporarily deprive another person of possession or control of a motor vehicle.  However, to convict an offender of car theft in Virginia, the Commonwealth must prove that the offender intended to permanently deprive the owner of his property.

Difference Between Carjacking and Car Theft in Virginia: Penalty

Carjacking in Virginia is punished with a minimum of 15 years up to life in prison, but car theft in Virginia is punished with anywhere from no jail up to 20 years in prison and a fine up to $2,500.

 

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