Virginia Carjacking Charge (Va. Code 18.2-58.1)
May 18, 2017 by Jean Humbrecht
Carjacking in Virginia is stealing a car by force. A Virginia Carjacking is the intentional seizure of a motor vehicle (or seizure of control of a motor vehicle) of another person by violence with intent to permanently or temporarily deprive another person of possession or control. A Virginia Carjacking charge (Va. Code §18.2-58.1) is a very serious felony and is punished with up to life in prison.
A Virginia Carjacking is Car Theft by Force or Violence
Proof of Virginia Carjacking Charge
To convict an offender of a Virginia Carjacking charge under Va. Code §18.2-58.1, the Commonwealth must prove:
- intentional seizure
- of control or possession
- of a motor vehicle
- by violence
- with intent to permanently or temporarily deprive
- another person of possession or control
Penalty for Virginia Carjacking Charge
A Virginia Carjacking charge under Va. Code §18.2-58.1 is punished with a minimum of 15 years up to life in prison.
Virginia Carjacking and Other Criminal Charges
It is possible to be convicted of a Virginia Carjacking charge and other crimes based on the same conduct. For example, if a firearm was used in the commission of the Carjacking, the offender can be convicted of both Carjacking and Use of a Firearm in the Commission of a Felony under Va. Code §18.2-53.1 and receive consecutive prison sentences. Additionally, if the offender committed a Robbery in the course of the Carjacking (theft by force of something other than the vehicle), he can be charged with, and convicted of, both Carjacking and Robbery under Va. Code §18.2-58.
Virginia Carjacking Statute
§18.2-58.1. Carjacking; penalty.
B. As used in this section, “carjacking” means the intentional seizure or seizure of control of a motor vehicle of another with intent to permanently or temporarily deprive another in possession or control of the vehicle of that possession or control by means of partial strangulation, or suffocation, or by striking or beating, or by other violence to the person, or by assault or otherwise putting a person in fear of serious bodily harm, or by the threat or presenting of firearms, or other deadly weapon or instrumentality whatsoever. “Motor vehicle” shall have the same meaning as set forth in § 46.2-100.
C. The provisions of this section shall not preclude the applicability of any other provision of the criminal law of the Commonwealth which may apply to any course of conduct which violates this section.
***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***