Carjacking is essentially the same offense as robbery except that the “something of value” taken is a car instead of an item of property. As such, like robbery, carjacking combines two separate crimes: assault and theft. It is a crime against the person. And it is a crime against property.
In order to secure a conviction for carjacking in D.C., government must prove four elements beyond a reasonable doubt. First, the government must prove that the defendant took or attempted to take a motor vehicle from another person. Second, the government must prove that the defendant took the vehicle without right. Third, the defendant must have used some type of force or violence as part of the taking. Finally, the government must prove that the taking was done voluntarily and with criminal intent.
The penalty for a carjacking conviction in D.C. is a maximum fine of $5,000, a mandatory minimum period of incarceration of 7 years, and a maximum sentence of 21 years. The offense becomes “armed carjacking” if a firearm or dangerous weapon is used during the course of the carjacking. In that case, the offense carries a mandatory minimum sentence of 15 years and a maximum sentence of 40 years. D.C. Criminal Code § 22-2803.
There are two elements to the criminal offense of carjacking in Virginia. First, the government must prove that the defendant seized control of a motor vehicle of another. Second, the government must prove that the defendant acted with the intent to deprive that person of the possession of that vehicle through some type of violence or threat.
The penalty for a conviction for carjacking in Virginia is a term of incarceration from 15 years to life. Virginia Criminal Code § 18.2-58.1