Difference Between Carjacking and Car Theft in Virginia

Many people confuse a Carjacking charge (Va. Code 18.2-58.1) and a Car Theft charge (Va. Code 18.2-95) in Virginia. While these two offenses sound the same, they actually have very important differences. This legal guide discusses the difference between Carjacking and Car Theft in Virginia.

1. Intent

   One difference between Carjacking and Car Theft in Virginia is the offender's intent. Someone can be convicted of Carjacking in Virginia (Va. Code 18.2-58.1) if he intended to permanently or even TEMPORARILY deprive someone of possession or control of a motor vehicle, but Car Theft in Virginia (Va. Code 18.2-95) requires an intent to PERMANENTLY deprive an owner of his property.

2. Violence

   Another difference between Carjacking and Car Theft in Virginia is the use of violence. Carjacking in Virginia (Va. Code 18.2-58.1) is taking possession or control of a motor vehicle by force or violence, whereas Car Theft in Virginia (Va. Code 18.2-95) can occur without any force or violence and does not need to occur in the victim's presence.

3. Penalties

   Another difference between Carjacking and Car Theft in Virginia is the penalty range. Carjacking in Virginia (Va. Code 18.2-58.1) is punished with 15 years up to life in prison, whereas Car Theft in Virginia (Va. Code 18.2-95) is punished with anywhere from no jail time up to 20 years in prison, a fine up to $2,500, and mandatory driver's license suspension for 60 days up to 6 months.