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.
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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. -
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. -
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.