Virginia Carjacking
October 12, 2018 by Jean Humbrecht
A Virginia Carjacking is Car Theft by Violence
A Virginia Carjacking (Va. Code §18.2-58.1) is stealing a car by force. It is the intentional seizure of a motor vehicle (or control of a motor vehicle) by violence with intent to deprive another person of possession or control.
Proof of Virginia Carjacking
To convict an offender of a Virginia Carjacking under Va. Code §18.2-58.1, the Commonwealth must prove intentional seizure of control or possession of a motor vehicle by violence with the intent to either permanently or temporarily deprive another person of possession or control.
- Seizure: The offender must have actually obtained possession or control of the vehicle to be convicted of a Virginia Carjacking.
- Motor Vehicle: Va. Code §46.2-100 defines “motor vehicle” as a vehicle that is self-propelled or designed for self-propulsion. It also includes any structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space.
- Violence: The Commonwealth must also prove that the offender used violence against the person in control or possession of the motor vehicle to convict an offender of a Virginia Carjacking. The violence used can include partial strangulation, suffocation, striking, beating, assault, or threatening a person with or presenting a firearm or other deadly weapon or instrumentality.
- Intent: The offender must intend to permanently or even temporarily deprive the person who was previously in possession or control of the motor vehicle of that possession or control.
Penalty for Carjacking in Virginia
A Virginia Carjacking charge is punished with 15 years up to life in prison.
Virginia Carjacking and Other Criminal Charges
It is possible to be charged with, convicted of, and punished consecutively for a Virginia Carjacking charge and other crimes based on the same conduct.
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