Many believe you must have committed a wrongful act to be accused of a criminal offense. But that is not true. You could be charged with a crime under California law even if you did not commit any wrongful acts. An example of this offense is the possession of burglary tools.
However, possessing burglary tools is not always a crime under the law. In some situations, you could face charges for possessing burglary tools; in others, no charges are warranted. So when does possessing burglary tools become a crime? Read along to find the answer in this blog.
When Possessing Burglary Tools Becomes a Crime
California PC 466 prohibits anybody from possessing particular tools proven to be items regularly used to break into homes, cars, or any other structures. However, possessing these tools is not unlawful in itself. It only becomes illegal when there is sufficient evidence to demonstrate criminal intent.
Essentially, the prosecution must demonstrate that you had a burglary tool in your possession or altered, made, or tried to alter or make one for the judge to find you guilty of violating PC 466. It must also prove that when you possessed the tool, you intended to commit the burglary offense, criminalized under PC 459.
Penal Code 466 sets down over fifteen types of items that are prevalently used to gain access or entry to a structure or car illegally, that is, burglary tools. These include slide hammers, vise grip pliers, key bits, picklocks, tension bars, spark plug chips, master keys, screwdrivers, crowbars, floor-safe door pullers, slim jims, tubular lock picks, lock pick guns, water-pump pliers, porcelain or ceramic spark plug chips, sledgehammers, crows, and bump keys.
Also, apart from the tools mentioned under PC 466, the law states that other instruments or tools that can accomplish unauthorized entry can be deemed burglary tools. Put otherwise, any other tool or instrument resembling those mentioned under the law qualifies as a burglary tool. Most tools that hobbyists or handymen may have in workshops or garages fit this description.
Possession Must Be Combined With Criminal or Felonious Intent for a Conviction to Occur
Simply having burglary tools is not sufficient to warrant prosecution. PC 466 states that, apart from having the tools, you must have a felonious or criminal intention to be convicted. That means an intention to commit the burglary offense.
You commit burglary if you enter a car, building, or structure with the specific intent to perpetrate petty theft or a felony once inside. And note that you can be convicted of burglary whether or not you succeeded in committing petty theft or a felony.
For example, if you are caught in a building or vehicle without the owner's permission and have any burglary tools, intent to perpetrate the burglary offense or other offenses might be proven.
Criminal or Felonious Intent Can Be Inferred From Objects In Your Vehicle
A police officer can pull you over for breaking a traffic law, and if they see burglary instruments in plain sight or have probable cause to search your vehicle and find these tools, it will trigger some suspicion. However, evidence of your felonious or criminal intention can be solidified if the law enforcement officer further finds binoculars, ski masks, a building's blueprint, keys, masking tape, dark clothing, and restraint equipment. These other instruments are generally used for surreptitiously approaching a building or car, knowing where to head once you enter the building or car, and restraining anybody unfortunately present at the scene.
Another example of criminal or felonious intent is when an officer observes a man putting on dark clothing and a hood on a hot night and carrying gloves, box cutters, a picklock, a wire, and a rock, looking into cars or homes, trying to force open a garage or window, or tapping on cars or house windows with the rock. However, the prosecution would likely need more evidence to prove criminal intent if the person was discovered merely walking by the roadside with the box cutters.
You Could Also Be Found Guilty of Possessing Burglary Tools Based On Circumstantial Evidence
Proving intent can be difficult for the prosecution. How will the prosecutor prove what you were thinking? To do this, they often rely on circumstantial evidence rather than direct evidence. Circumstantial evidence refers to a series or inference of evidence resulting in a reasonable deduction.
Put otherwise; because you probably will not send a text message or leave a note saying you intend to use a burglary tool to break into a building to steal or commit a felony, the prosecution will have to use other evidence that tends to prove what your intent was.
Examples of circumstantial evidence include fingerprints discovered on a gun used to execute a robbery offense, damage to a suspected hit-and-run perpetrator's vehicle that concludes it was involved in a collision and that it struck the victim's vehicle, gunshot residue discovered on an alleged shooter's hand, or being caught in possession of a burglary tool and the blueprints of a building. The law does not differentiate between circumstantial and direct evidence for the finder of fact to consider.
How to Fight Charges for Possessing Burglary Tools
Although charges for possessing burglary tools are serious, there is a way you can fight them and avoid a conviction. The legal defenses you can use to fight the charges against you are:
- You did not intend to violate PC 459, burglary law.
- You did not possess any burglary tools.
- Law enforcement found the burglary tools through an illegal search and seizure.
- You do have a criminal history.
Remember, you are guilty of possessing burglary tools only if you intend to perpetrate burglary. You can therefore fight the prosecution's case by saying you never acted with this intention. Merely having any of the burglary tools in your possession is not enough reason to show intent. If you had any of the other accessories that could be used for lookout, surveillance, restraining individuals, or showing a building's layout, criminal or felonious intent could then be inferred.
Also, note that you would only be convicted if you had the burglary tool. That means an item mentioned under the law or any similar object. Therefore, it is valid to argue that you did not possess a burglary tool or any similar object or tool.
You could argue that what you had was not a burglary tool because it is not itemized under 466 PC and is not used to break into a car or building. You could further argue that the item you had is used as a common household accessory or for harmless activities. For example, as much as cell phones, binoculars, or masking tape can be considered burglary tools, they can also be used for harmless activities.
Lastly, authorities frequently charge this offense after searching a person and seizing evidence. However, law enforcement officers can only search someone or seize their property if they have a valid search warrant.
And if they do not have a warrant, they should have a valid reason for lacking one. If the police seized burglary tools from you during an illegal search and seizure or if their search exceeded the scope of their warrant, the judge can order that the tools be removed from evidence. This may result in your charges being dismissed or reduced.
Punishment You Can Face for Possessing Burglary Tools
Possession of burglary tools is considered a misdemeanor violation under the law. The crime carries custody in jail for a maximum of six months, informal probation for not more than three years, and a fine of up to one thousand dollars.
Most defendants face both burglary and possession of burglary tools charges. Burglary is classified as second or first-degree and could be a felony or misdemeanor. If the court finds you guilty of both charges, it will generally sentence you on the burglary charges and stay the PC 466 conviction.
The good news is that a conviction for possessing burglary tools will not affect your immigration status. In California, some offenses lead to an immigrant being labeled inadmissible or deported. An example is a conviction for a crime of moral turpitude or an aggravated felony. Possessing burglary tools does not fall under any of these categories of crimes.
A conviction for possessing burglary tools will also not harm your firearm rights. In certain cases, a California criminal conviction causes an accused person to lose their right to possess or own a firearm. An example is an offense prosecuted as a felony. Possessing burglary tools will, however, not result in the loss of your firearm rights.
Another good thing is that you can have your record expunged if convicted of possessing burglary tools. Even though a conviction under PC 466 does not usually have the same restrictions or obstacles on job seeking, housing, and civil liberties, it could still be used to decide whether you are promoted, hired, or can acquire a lease.
According to PC 1203.4, you may successfully expunge your criminal conviction, provided you never served time in prison. Because violating 466 PC is deemed a misdemeanor offense with no prison term imposed, being convicted under this law should qualify you for a record expungement if you further satisfy these other requirements:
- You completed probation or your jail sentence, whichever the judge imposed.
- You do not have pending criminal charges.
- You have not committed another violation.
An expungement clears a conviction from a criminal record. Your court-related records will not be destroyed, and the expungement will remain on police databases, even though they are inaccessible to the public.
This process is beneficial as no public member, including landlords, private employers, boyfriends, girlfriends, or anybody other than government agencies or law enforcement, will ever view that you have been found guilty of the crime. It also removes most of the challenges linked to a conviction, such as difficulty renting an apartment, enrolling in college, securing loans or employment, et cetera.
You can petition for an expungement on the date your probation term elapses. There is one exception where the judge did not impose probation. In this case, you must file your petition 12 months from your conviction date.
Other Violations Related to Possession of Burglary Tools
Three crimes are related to VC 466 violations, possessing burglary tools. They are Penal Code Section 602, trespass; Penal Code 16590, possession of prohibited weapons; and illegal acts with ignitions and keys.
You commit trespass when you enter or remain on another person's property without authorization or the right to do so. If you trespass intending to commit the burglary offense and have a burglary tool or tools, you can be prosecuted under PC 466 and PC 602.
PC 16590, possessing prohibited weapons, prohibits selling, manufacturing, and possessing particular dangerous weapons. These weapons include short-barreled shotguns and brass knuckles. Some prohibited or dangerous weapons qualify as burglary tools. Therefore, if you are caught possessing a prohibited weapon that qualifies as a burglary tool, you could simultaneously be charged under PC 16590 and PC 466.
Lastly, several California statutes make certain acts with ignitions and keys unlawful. Some of them include:
- Penal Code Section 466.9, using or possessing code grabbing tool to disarm a vehicle's security alarm system—under 466.9 PC, you are prohibited from possessing or using a tool that can disarm an automobile's alarm if used or meant to be utilized to steal or gain illegal entry into the car. These tools capture the signal and play it back to disarm it. Violating this law is considered a misdemeanor, carrying not more than six months in custody and up to one thousand dollars in fines.
- Penal Code Section 466.8, illegal manufacturing of commercial or residential keys—even though you can sell, make, or give away keys for a business or home by a technique involving an on-site inspection, the law mandates you to remain with a receipt containing the name and identifying details of the key recipient for two years together with their signature. This law does not apply to the manufacturing of duplicate keys. Violating this law is considered a misdemeanor with a jail term of up to six months and up to one thousand dollars in fines.
- Penal Code Section PC 466.7, illegal possession of motor vehicle keys—you cannot have the keys to another person's vehicle without authorization, provided you intend to break into or steal it. Doing so will be a misdemeanor offense with consequences including six months in custody and up to $1,000 in fines per PC 466.7.
- Penal Code Section 466.65, possessing tools for bypassing motorcycle ignition—it is easier to make away with motorcycles than passenger vehicles due to their weight and size. However, even if motorcycles are light enough, some devices can start them without the usual keys. If you sell, lend, give away, or possess a tool that could bypass the usual ignition procedure and start the bike, you are guilty of violating PC 466.65.
This law also applies to Allen wrenches, electrical tape, wire cutters, or other devices that could be used for stealing motorcycles. If you possess or lend these tools with the intent to steal a motorcycle, you will also face misdemeanor charges under this law. Consequences include not more than six months in custody and up to $1000 in fines.
- Penal Code Section 466.5, making or possessing automobile master keys—it is lawful to possess motor vehicle wheel lock master keys or automobile master keys provided you do not have criminal intent. Selling, advertising for sale, or manufacturing these items is an offense unless the user or buyer uses them for work. Put otherwise; know the individual to whom you are selling the keys, or you may be found guilty and face a fine of not more than $1000 and six months in custody under PC 466.5.
- Penal Code Section 466.1, providing or selling floor safe door pullers, tension bars, or lock picks—floor safe door pullers, tension bars, or lock picks are meant to be utilized to gain entry, lawfully or otherwise, into cars or buildings.
California law mandates that you keep a transaction receipt for a year if you give away, sell, or permit somebody to borrow these items. The receipt must have the name, address, telephone number, and signature of the individual to whom you gave or sold the items. Failure to do so will trigger misdemeanor charges carrying a jail sentence of six months, up to a thousand dollars in fines, or misdemeanor probation for up to three years per PC 466.1.
Find an Experienced Theft Crimes Defense Attorney Near Me
If you are under investigation or prosecution for possessing burglary tools, calling an experienced theft crime defense lawyer as soon as possible for help is the most appropriate step. These charges may not seem severe, but the collateral consequences could be more severe than you imagine.
This is because this crime is essentially an attempted burglary by nature. In the sense that had the police not arrested you, you would have broken into a building or structure with the tools you had to steal. To the eyes of the general public, it implies you are a thief, and this could hold you back more than any jail time, probation, or fines ever could.
At Leah Legal, we have successfully defended hundreds of cases involving the possession of burglary tools. Our initial consultation is cost-free, and we are readily available to answer any of your questions. Contact us today at 818-484-1100 if you are charged in Van Nuys, CA, and we will be pleased to help you obtain the best possible outcome.