Stealing from a locked vehicle is prohibited under California law and is considered an offense known as "auto burglary." If you have been charged with California auto burglary, there are several important things you should know about the statutes under PC 459. The first and most crucial step in defending yourself and protecting your rights, just like in any criminal case, is to seek the assistance of a professional criminal defense attorney. This blog delves deeper into the legal consequences of auto burglary.
An Overview of Auto Burglary
California auto burglary is considered a subcategory within the general offense of burglary. It falls under the provisions of PC 459 and involves both breaking into automobiles (auto burglary) and breaking into structures or vehicles to commit felony crimes other than stealing.
Auto burglary can be described as forced entry into a vehicle that is locked to steal the vehicle (also referred to as "grand theft auto"), stealing property from the automobile (petty theft/grand theft), or committing any felony crime while inside the automobile.
The following are the defining factors, or main elements, of the offense that need to be proven to be true to secure a conviction for auto burglary:
You Entered the Locked Vehicle
The provisions of California PC 459 specify that the vehicle's doors or trunk should be locked. This means that to be found guilty of the allegations of auto burglary, you need to make some kind of alteration to the vehicle's physical condition, such as breaking into it.
Therefore, whether or not the automobile's door was locked is a key factor in an auto burglary case. If the car's trunk was locked and you are accused of stealing something from it, that also serves as a locked vehicle. According to California's law regarding auto burglary, the following are some examples of activities that can be considered "breaking into a locked vehicle":
- Shattering a locked vehicle's window to gain access to it.
- Gaining access to a vehicle without the permission of the owner by reaching through the open window and unlocking the door.
- Using a crowbar to get into a locked trunk.
"Entering" the Vehicle
The term "enter" refers to the action of a person's body accessing a motor vehicle. It is also considered entering an automobile if an object under your control enters the vehicle. This constitutes an entry by you.
In other words, auto burglary can be committed by simply reaching through the window or by placing an object into an automobile without opening the door and getting one's complete body inside.
You Intended to Perpetrate Petty Theft or a Felony Offense
You would be considered to have "entered" an automobile if any object under your control or a part of your body enters the automobile. The intention to engage in theft or a felony crime while inside the car is an essential component of California auto burglary.
If you illegally gained access to an automobile with no intention of perpetrating a felony or petty theft, you could face charges for a different offense instead of auto burglary. Auto burglary can also be defined as having the intent to carry out petty theft, a California misdemeanor offense, in addition to a felony. Petty theft can be defined as illegally taking anything from its rightful owner that is worth less than $950.
If you entered another individual's locked automobile with no intention of stealing anything or perpetrating a California felony, you won't be convicted of auto burglary. However, you are not required to have committed theft or a felony crime to be charged with auto burglary. All that counts is that you got into the vehicle intending to commit theft or a felony.
Definitions of Key Terms Used
To successfully defend yourself in court, you should be familiar with the phrases used in an auto burglary crime's elements. These terms are explained below:
Vehicle
The provisions of California VC 670 define a vehicle as any device through which an individual or property can be moved, drawn, or propelled upon a roadway, except when the device is moved solely by human power or runs solely on stationary tracks or rails.
Cars, motorcycles, trucks, electric vehicles, and other equipment that fall under this classification count as vehicles under California law. Train cars, bicycles, skateboards, scooters, and other non-motorized objects that aren't allowed on the highway don't qualify as vehicles.
Locked
California law considers a vehicle to be locked if there's proof that it has been accessed with force. As a result, for an action to be classified as auto burglary, there has to be proof of forceful entry.
Grand Theft
Grand theft (or grand larceny) occurs under PEN 487 if the labor, money, or personal or real property stolen is worth more than $950. Grand theft can also be committed if the property in question is a vehicle. If you forcefully access an automobile intending to steal it, you could face grand theft charges along with auto burglary.
Petty Theft
Petty theft (or petty larceny) is defined under PEN 490 as where the value of the labor, money, real property, or personal property stolen doesn't exceed $950. If you forcefully gain access to an automobile to steal a wallet containing no more than $950, you could face petty larceny charges along with auto burglary.
Legal Penalties for California Auto Burglary
California auto burglary is classified as a "second-degree" crime, which means it's a less serious type of burglary. Second-degree burglary is considered a "wobbler" offense, which means that the charges can be classified as either a misdemeanor or a felony, depending on the details of the case and your prior criminal record.
If you're found guilty of a misdemeanor auto burglary, you could be sentenced to a maximum of one year in jail. On the other hand, if you're found guilty of felony auto burglary, you could spend 16 months, two years, or three years in prison.
However, there is an exception to the norm that California auto burglary is considered a second-degree offense. If you forcefully entered an inhabited "trailer coach" intending to carry out theft or a felony crime, you could have perpetrated first-degree burglary.
Breaking into an occupied trailer coach is a serious crime. The sentence could include serving two, four, or six years in prison.
How to Defend Yourself Against the Charges
When it comes to your legal defense, rest assured that your attorney can present various compelling arguments based on the specific details of your case. With their expertise, they will be able to effectively challenge any accusations on your behalf. Some of these defenses include:
The Automobile Was Not Locked
Being able to prove that the vehicle's doors or trunk were not locked is one of the most effective strategies to fight an auto burglary allegation. This argument is crucial since the trunk or doors of the automobile should be locked for an auto burglary offense to occur.
For instance, if you "pop" a closed trunk to access an unlocked car door and pull the latch, you won't be convicted of auto burglary. The determination of whether or not the vehicle was locked, as well as the proof required to establish it was or was not, can be quite sophisticated. It is worth emphasizing that an auto burglary arrest doesn't always end in a conviction.
Threats or Duress
If you committed auto burglary under duress because someone endangered your life or the lives of those you care about, you might not be convicted of the crime. You would have a valid defense if someone held a pistol to your head and told you to shatter a car window and steal stuff inside.
You Had No Intention Of Committing A Felony
The prosecutor should be able to demonstrate that you had the intention to perpetrate a felony or theft once inside the automobile. Your lawyer might be able to demonstrate that you had no intention of committing an offense once inside the automobile, and you could be able to get your auto burglary allegations dropped or reduced.
Insufficient Evidence
The legal argument of insufficient proof is linked to the other legal arguments discussed above. According to California statute, a jury shouldn't find you guilty of the crime unless the prosecution can prove beyond any reasonable doubt that your acts conformed to the definition of auto burglary.
Assume there's some circumstantial proof indicating your intention to take something inside the vehicle when you break into it, but no proof confirming that fact beyond any reasonable doubt. In this case, a defense lawyer may be able to assist you in arguing that the proof is insufficient to sustain a conviction.
False Identification
Your attorney could be able to show that you were mistakenly identified as the perpetrator of the crime. It is not unusual for a witness to misidentify someone, especially at night. If you were not involved in the act and were mistakenly identified as the offender, you would not be found guilty of auto burglary.
Crime Associated with Auto Burglary
Auto burglary is a serious offense that encompasses a range of criminal activities. These crimes, which involve breaking into vehicles to steal or vandalize, are a growing concern for both vehicle owners and law enforcement. The following are some of the offenses related to auto burglary:
Burglary
California auto burglary is classified as a subcategory of California burglary statutes. Both auto burglary and regular burglary are defined by the same law, PEN 459.
Burglary is described as entering any structure or habitation (including apartments, houses, stores, tents, boats, and outbuildings) to steal or commit another offense.
In general, burglary qualifies as first-degree if the property accessed is inhabited, that is, someone lives there. If this isn't the case (as it applies to most auto burglary cases), then it's considered second-degree burglary.
First-degree burglary is considered a felony, punishable by two, four, or six years in prison. A second-degree burglary crime is a wobbler. If convicted as a misdemeanor, the penalty is no more than twelve months in jail.
Second-degree burglary, as a felony crime, can result in the following penalties:
- Probation time with no more than one year behind bars.
- Sixteen months, two or three years behind bars.
If you carry out burglary and use explosives or a torch to unlock a vault, safe, or other secure facility inside the structure, you would have violated the provisions of PEN 464 burglary of a vault or safe also referred to as burglary using explosives. This is always a crime that can result in three, five, or seven years in jail.
Grand Theft Auto
California's "grand theft auto" law makes it illegal to take another individual's vehicle without obtaining the owner's permission. The main motivation for someone breaking into a vehicle is to steal it. As a result, it's not unexpected that grand theft auto is frequently charged alongside auto burglary. You can be accused of auto burglary by forcefully entering into a vehicle and stealing it, and later committing grand theft auto.
Grand theft auto is considered a wobbler crime. If the prosecution believes you planned to keep the vehicle permanently, you are more likely to face felony charges. You are more likely to face misdemeanor charges if the allegations suggest you were only temporarily using the car also known as joyriding.
Petty Theft/Grand Theft
Grand theft or petty theft is another offense that is often charged alongside auto burglary. Grand theft is defined under PC 487 as the act of stealing another person's property if it is either:
- More than or equal to $950.
- Taken straight from the owner's custody.
- The item falls under several specified categories, such as firearms or automobiles.
California law considers grand theft a wobbler crime, which means the prosecution can file for misdemeanor or felony charges.
Any other type of theft is classified as petty theft, which is a misdemeanor. You will likely face charges for auto burglary as well as either petty theft or grand theft, based on the nature and value of the item that was taken, if the allegation is that you broke into another individual's vehicle to steal personal belongings that were in the vehicle, like a wallet or purse, a computer, laptop, computer, cell phone, or stereo equipment.
Take note that breaking into a vehicle is more serious compared to committing petty theft. A petty theft charge that includes an allegation of auto burglary is likely to become a felony offense.
Therefore, if you find yourself in such a situation, it's essential to hire a lawyer who has specific experience defending clients against auto burglary charges. Your attorney can assist you in having the charges lowered or completely withdrawn.
Tampering With the Vehicle
Vehicle tampering, under VC 10852, is an offense that can be committed when the following events take place:
- Intentionally tampering with or destroying an automobile or its parts.
- Removing or breaking any component of a motor vehicle without the permission of the owner.
Tampering with a vehicle is considered a misdemeanor crime. The fact that tampering with an automobile is a less serious offense than breaking into a car makes it a helpful charge reduction option.
For instance, if the prosecutor can demonstrate that you forcefully entered an automobile but has very little tangible proof to show that you meant to engage in the theft or a felony crime while you were inside the automobile, they will have a hard time proving their case. Your lawyer can negotiate a plea deal that reduces the charges against you from auto burglary to tampering with the vehicle.
Looting
If you're detained for auto burglary when a state of emergency is in effect, you could also face charges for looting. Looting is classified as a violation of PC 459 under California PC 463, and it can occur during a riot, flood, earthquake, or any other man-made or natural disaster. As a result of the facts surrounding the case, looting is considered to be a more serious crime than burglary. If you're found guilty of looting, the court can sentence you to no more than three years behind bars.
What Defines A "Locked" Vehicle In Terms Of Auto Burglary?
An automobile is considered locked when its components interconnect or interlace in a way that requires some force to break the seal before the vehicle can be accessed. For instance, if chains are wrapped around the unsecured doors of a trailer coach without using a padlock, the trailer coach is not considered to be locked. This is because it is still possible to enter the vehicle without applying force.
Find a Burglary Defense Lawyer Near Me
Being accused of breaking into a vehicle can be a stressful experience. If you're accused of auto burglary, you can contact one of the experienced Van Nuys attorneys at Leah Legal in Van Nuys. Our team has successfully defended clients accused of auto burglary crimes. If you or a loved one is facing such allegations, it is crucial to contact a knowledgeable member of our legal team without delay. Call us now at 818-484-1100.