What is Carjacking in Virginia?
January 22, 2016 by Jean Humbrecht
Carjacking is considered a theft crime and a violent crime in Virginia. It is similar to other theft and violent crimes in Virginia, but Carjacking is a very serious felony and is punished with up to life in prison. If you are wondering, “What is Carjacking in Virginia,” read the post below.
What is Carjacking in Virginia?
Carjacking in Virginia is stealing a car by force. To convict an offender of a Virginia Carjacking charge, the Commonwealth must prove:
Carjacking in Virginia is Punished with A Minimum of 15 Years in Prison
- 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
What is Carjacking in Virginia Penalty?
A Virginia Carjacking charge under Va. Code §18.2-58.1 is punished with a minimum of 15 years up to life in prison.
It is also possible to be convicted of a Virginia Carjacking charge and other crimes based on the same conduct, such as Robbery (Va. Code §18.2-58) or Use of a Firearm in the Commission of a Felony (Va. Code §18.2-53.1) and receive consecutive prison sentences.
What is Carjacking in Virginia Compared to Grand Theft Auto?
Carjacking and Grand Theft Auto are both considered car theft. Carjacking is stealing a car by force, and Grand Theft Auto does not need to include force. Additionally, Carjacking can be proven with intent to permanently or temporarily deprive an owner of his property, but Grand Theft Auto requires intent to permanently deprive the owner of his property. Most importantly, Carjacking in Virginia is punished with a MINIMUM of 15 years up to LIFE in prison, whereas the punishment for Grand Theft Auto can include no jail time up to a MAXIMUM of 20 years.
For more information on the difference between Carjacking and Grand Theft Auto in Virginia, click here.
What is Carjacking in Virginia Compared to Robbery?
Robbery in Virginia (Va. Code §18.2-58) and Carjacking (Va. Code §18.2-58.1) are very similar crimes. Robbery is theft by force or violence, and Carjacking is car theft by violence. To convict an offender of Robbery, the Commonwealth must prove the offender intended to permanently deprive the owner of his property. However, a Carjacking conviction in Virginia can be proven with intent to permanently or temporarily deprive the owner of his vehicle. Additionally, both charges are punished with up to life in prison, but Robbery is punished with a minimum of 5 years, whereas Carjacking starts at a minimum of 15 years in prison if convicted.
For more information on the difference between Carjacking and Robbery in Virginia, click here.