According to California Penal Code Section 459, burglary occurs when someone enters a structure, like a house or car, intending to steal or commit a felony, regardless of whether they forced their way in. You can still be charged for possessing burglary tools even if you do not complete the crime. However, the prosecution must show that you intended to commit a crime to secure a conviction.
If you are facing charges for possessing burglary tools in California, you should know how to defend yourself effectively and avoid severe penalties. Consulting a skilled defense attorney can also help improve your case outcome.
Possessing Burglary Tools Under California Law
Possession means having ownership or control of something. There are two types of possession:
- Actual
- Constructive
Actual possession happens when you have a burglary tool on your immediate person or control. Constructive possession means you control the tool, even if it is not physically with you.
For example, if you have a screwdriver in your bag, you have actual possession. If the screwdriver is in your car, and the car is registered to you, then you have constructive possession.
Having tools that can be used to break into homes, businesses, or vehicles is a crime under Penal Code 466. To convict someone under this law, the prosecution must prove certain elements beyond a reasonable doubt.
You Were In Possession of a Burglary Tool
You may face arrest and charges for having burglary tools if the prosecution can prove you possess them or have made changes to them.
California PC 466 lists over 15 items classified as “burglary tools,” which include:
- Crowbar
- Picklock
- Slide hammer
- Water-pump pliers
- Vise grip pliers
- Tension bars
- Lock picks
- Keybit
- Bump key
- Screwdriver
- Slim jim
- Tubular lock picks
- Floor-safe door pullers
- Master key
- Ceramic or porcelain spark plug fragments
- Common hand tools
- Masks, gloves, and clothing that hide identity or fingerprints
- Climbing rope
- Explosives like gunpowder or dynamite
- Heavy-duty tools that can cut through steel or concrete, like thermal lances and torches
Items designed or modified for unlawful entry may be considered burglary tools. While some of these tools are used for legitimate repair works or construction, having them with the intent to commit a crime can lead to legal issues. You can also be charged under PEN 466 if you change a regular tool to use it for breaking in.
Criminal Intention To Commit an Offense
Having a burglary tool is insufficient for a conviction under PC 466. The prosecution should show that you planned to use those tools for burglary. You break burglary laws if you enter a building to steal or commit another serious crime. Even if you do not successfully commit a burglary, you can still face burglary charges if prosecutors can prove intent at the time of entry.
Law enforcement could infer your intention to commit burglary depending on items found in your car. For example, if a police officer pulls you over for a traffic issue and sees a lock pick and a master key, they may suspect you of breaking PC 466. If the officer searches your vehicle and finds more items that could be used for burglary, you could face arrest and charges.
It can be challenging for the prosecutor to show that you had criminal intent. The prosecutors typically rely on physical evidence, such as the burglary tools in your possession. Witness statements, including those from the arresting officer, can also help support the claims. If there is no physical evidence, the prosecution will rely on circumstantial evidence to demonstrate your intent to commit burglary.
Possession of Other Instruments and Tools
Penal Code 466 defines certain items as burglary tools and includes “other tools or instruments” similar to those listed. This expands what can be considered a burglary tool in legal cases.
In California, prosecutors can argue any tool can be used to commit burglary if they show intent. For example, an officer sees Daniel acting suspiciously near the entrance of a closed restaurant. When they frisk him, they find a box cutter and a slingshot. In court, the arresting officer explains that these items are similar to those mentioned in PC 466 and could be used for burglary.
As a result, the jury might convict Jim of having burglary tools, even if his specific items are not directly named in the law.
Determining Intent
You cannot be found guilty of having burglary tools unless you intend to commit burglary. Courts usually consider the whole situation to determine if you had that intention. If you took steps to commit the crime and meant to do it, that can show your intent.
For example, if you are using a hammer and crowbar to help your neighbor take apart wooden crates, you likely will not face charges of having burglary tools because you are helping, not trying to break in.
However, if you are outside a closed corner store early in the morning, wearing dark clothes and a mask and holding a crowbar and a bag, the prosecution could argue that you intended to use the crowbar for burglary.
The Penalties For Violating PC 466
A violation of PC 466 is treated as a misdemeanor. If convicted, you may face specific penalties:
- A fine of $1,000
- A prison term of up to one year
- Misdemeanor probation
Defenses Against Penal Code 466 Charges
A conviction for having burglary tools can significantly affect your life and freedom. You should fight the charges if you are arrested under this law. Working with an experienced defense attorney can help you do this.
Your attorney will defend your rights during the case and create a defense based on these points:
No Possession
To secure a conviction under PC 466, the prosecution should show you had a burglary tool. These tools can include crowbars, screwdrivers, and master keys. According to this law, you are seen as having a burglary tool if it is found on you or within your control.
The prosecution may present evidence, such as video footage and witness statements, to show that you had these tools. Expert witnesses may also provide important testimony about what qualifies as a burglary tool, which can help secure a conviction.
You can show that the tools were not in your possession to avoid facing conviction. This defense is often relevant when burglary tools are located in shared spaces or public areas accessible to many people.
Lack of Criminal Intent
A key factor in making possession of burglary tools a crime is your intent. The prosecution must show that you meant to use the tools for burglary when you had them. It can be challenging for them to prove this intent. You can defend against a conviction by claiming you had no criminal intent.
Valid Use for the Tools
California law clearly defines what can be considered burglary tools under PC 466. However, these tools can also be used for various tasks at home or in construction and repairs.
You can show that your tools were not intended for burglary to avoid a conviction. You can also explain how you plan to use them by providing evidence like job receipts and statements from your employer or contractor.
Lack of Evidence
The prosecutor needs to prove every part of PC 466 to convict you. They do this using physical evidence, circumstantial evidence, and witness statements. If the evidence is lacking, you can raise reasonable doubt in their case, which may help you avoid a conviction or receive lighter penalties.
Illegal Search and Seizure
The Fourth Amendment of the United States Constitution protects you from unauthorized searches by law enforcement. This means that police can only search if they have a legal warrant. Sometimes, police may want to search you or your home without a warrant if they suspect a burglary.
If you can show that you were subjected to an illegal search and seizure, your lawyer can ask the court to dismiss any evidence from that search. This could weaken the prosecutor’s case and increase your chances of avoiding a conviction.
Lack of Awareness that Your Tools Could Be Used for Burglary
You cannot be charged with having burglary tools if you were unaware that the tool could be used to break into a building or vehicle. For example, if you borrow a friend’s car and find a crowbar inside, a police officer who stops you might notice the tool and start an investigation. However, you can defend yourself by claiming you did not know the tool was there or how it could be used.
Entrapment
In California, entrapment happens when a police officer tricks you into committing a crime that you would not have done on your own. To catch people doing illegal things, police might set up undercover operations or sting operations. If you are suspected of burglary, the police could try to entrap you.
If you can show that you were a victim of police entrapment or that the officers pressured you into taking responsibility for the crime, you may be able to avoid a conviction.
Probation For Possessing a Burglary Tool Offense
California law offers three main sentencing options. After being convicted, you might receive jail time, fines, or probation. Probation is frequently a substitute for jail time for those charged with misdemeanors or felonies. If sentenced to probation, you will spend some time in jail and complete community service.
Not everyone charged with possessing burglary tools qualifies for probation. You should negotiate a different sentence with the prosecution. A judge can grant probation under certain conditions:
- There are no serious factors in your case. The details of your case can affect how harsh your punishment is for having burglary tools. If serious factors exist, the court might require you to serve your full jail time. One common serious factor that could prevent you from receiving probation is if you have been convicted of burglary while having burglary tools.
- You are a first-time offender. If you have not been convicted before for having burglary tools, the court may give you probation instead of jail time.
You will receive informal probation if you are found guilty of having burglary tools. This type of probation is not supervised and can last up to three years. While it keeps you out of jail, the court will set strict rules you must follow during this time.
Here are some typical conditions of probation for possession of burglary tools in California:
- Complete community service. Instead of serving time in jail, you will do community service as part of your probation.
- Pay fines. If you receive a fine after your conviction, paying it along with other court fees is a condition of your probation.
- Random searches. In California, police need a valid arrest warrant to arrest you. However, if you are on probation for violating PC 466, they can search you, your home, or your car without a warrant.
- Report to the court. Misdemeanor probation is not supervised, so there will not be a probation officer checking on you for having burglary tools. Still, you must report to the court regularly to inform them about your progress.
- Stay out of trouble. Probation is meant to help you avoid jail time, but you must not commit any new crimes while on probation.
You could face arrest for violating probation if you fail to follow probation rules. During your probation violation hearing, you can either deny the claims or provide reasons for the violation. If the court decides you did violate probation, the judge might:
- Take away your probation and give you the maximum jail time, which is one year in county jail.
- Cancel your probation and enforce the original jail sentence.
- Set stricter probation requirements.
If you are on probation for having burglary tools, your lawyer will assist you in meeting the probation conditions.
Can a Conviction For Possession Of Burglary Tools Be Expunged?
Yes. A criminal conviction under PEN 466 has effects beyond jail time and fines. It becomes part of your criminal record, which is public in California. Anyone who checks your background can see this conviction and may use it against you.
Even though having burglary tools is a misdemeanor, employers might use this conviction to reject your job applications. If your job requires a license, the licensing board could take serious action against you if they learn about your conviction.
Moreover, a criminal conviction can damage your reputation. Luckily, California law offers ways to lessen the impact of your conviction through post-conviction relief. Under California PEN 1203.4, expungement is a legal process that allows you to change your plea of guilty or no contest plea to not guilty before the court dismisses your case.
You can clear your record for possessing burglary tools if you meet these conditions:
- You have finished your probation. Completing your probation is usually part of the penalties for violating PC 466. You need to have completed your probation and followed all the rules. If you did well on probation, ask the court to end it early.
- You do not have any pending charges. When you apply to clear your conviction for possessing burglary tools, you should not have any pending charges for another crime.
- You are not serving any other sentences. You cannot be serving a sentence for a new crime when you apply for expungement in California.
You must petition the court to expunge your conviction for possessing burglary tools. If your petition under PC 1203.4 is approved, you can say you have no convictions. Also, employers and landlords cannot mistreat you because of an expunged conviction.
Will Your Conviction Affect Your Gun Rights?
A conviction for having burglary tools does not affect your rights to own a gun since it is neither an offense classified as a felony nor is it linked to domestic violence or drug crimes.
Are There Any Consequences For Your Immigration?
A conviction under this law does not impact your immigration status because it is not a crime of moral turpitude or an aggravated felony.
Find a Theft Crime Defense Lawyer Near Me
If you have tools or items that could be used for burglary in California, you could face arrest and charges of having burglary tools under California PC 266. However, not every case of possessing these tools leads to criminal charges. The prosecution needs to show that you intended to commit a burglary, even if you did not go through with it.
Even if you are not caught in the act of burglary, having these tools can still result in jail time and other penalties. California has complex burglary laws, so you should seek legal counsel to guide you through the legal process and secure the best possible result for your case.
We at Darwish Law know how a conviction for having burglary tools can affect your life and freedom. Our skilled attorneys are ready to provide legal support to help you fight your charges and prevent a conviction in Santa Ana, CA. Contact us at 714-887-4810 to discuss your situation.