Carjacking/Armed Carjacking in D.C.

It is a criminal offense in Washington, D.C. to take a motor vehicle from its driver by force or intimidation. D.C. Code § 22-2803.

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.

Elements of the Offense

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 the “immediate actual possession” of 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 on purpose, not by mistake or accident.

“Immediate actual possession” refers to the area within which the victim can reasonably be expected to exercise some physical control over the property.  Beaner v. United States, 845 A.2d 525 (D.C. 2004).

In order to secure a conviction for armed carjacking, the government must also prove that the theft was made or attempted while the defendant was armed or had readily available a firearm or other deadly or dangerous weapon.  Such a weapon could include an imitation firearm or a sawed-off shotgun, shotgun, machine gun, dirk, bowie knife, butcher knife, switch-blade, razor, blackjack, billy or metallic or other false knuckles.

Penalty

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.