According to reports, a man from North Bend, Oregon arrested in the Bay Area has been accused of a crime spree that included a murder, carjacking and a second attempted carjacking which was successfully diffused by the would be victim.pistol.jpg
Jeffrey Boyce is believed to be a sympathizer with the Boston bombings. His mother contacted police earlier last week in order to report him missing. She further added her concern that he had been talking about the bombings, the Colorado movie theater and Columbine shootings, and was ranting that the government was trying to get him. He was believed to have been travelling to the San Francisco Russian Embassy for asylum. Police believe that Boyce may be connected to the death of an Oregon woman.
According to police, when he was arrested in Marin last week, Boyce was reportedly found to be in possession of three guns, including a fully automatic AK-47 rifle, along with high-capacity ammunition magazines, hundreds of bullets and a tactical vest. The pistol allegedly used in at least one of the carjackings was found in Boyce’s pants pocket, while the AK-47 and a rifle were recovered from the car he had stolen.
According to additional reports, he had apparently tried to carjack another woman in Marin, but in that case the woman was able to successfully de-escalate the situation, and enlisted the help of another individual in the shopping center parking lot, who called police to report the situation.
Under California law, Penal Code Section 215, carjacking is defined as:
the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or from the person or immediate presence of a passenger of the motor vehicle, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear.
The definition itself relays the fact that carjacking is a felony offense under California law. Furthermore, a successful conviction requires the government to prove all of the elements, which include:
There was a person in possession of the car;
You took the car from the individual’s immediate presence (or from the passenger’s immediate presence)– this is integral, because if a person was not involved in the taking, a different charge may be indicated, such as auto theft;
The car was taken against the individual’s will by force or fear; and
You took the car with the intent to deprive that person of that car either permanently or temporarily.
If convicted, carjacking is punishable by imprisonment of up to nine years, which can further be increased depending on additional plus factors. These have to do with the circumstances of the carjacking, and include if you:
cause great bodily injury,
use a gun,
commit the offense for the benefit of a criminal gang , or
intentionally kidnap an individual during the carjacking.
Furthermore, carjacking is a “strike” under California’s three strikes law, which means that you must serve at least 85% of your sentence before you will be eligible for parole. There are additional implications in terms of immigration, which may include deportation.
If you or loved ones has been accused of carjacking, attempted carjacking, murder, or any other crime in Santa Clara or San Mateo County, call our experienced Bay Area criminal defense attorneys today. Even if formal charges have not yet been filed, and law enforcement merely want to speak to you, it is in your best interests to hire an attorney as soon as possible. Do not speak with a detective, investigator or police officer before speaking to one of our experienced attorneys. Call us today at (415) 946-4020 in order to schedule your free initial consultation. You can also contact us through our website.