Several objects can be classified as burglary tools. Some of the most common items on the list include crowbars, screwdrivers, picklocks, and a master key. According to California law, there should be proof that you not only had the items in your possession but also had the criminal intent of using them to commit a burglary.
Laws against this kind of conduct are put in place to prevent the commission of more serious crimes. However, regulations such as the one that criminalizes the possession of a burglary tool make it easier to accuse someone who is not guilty. This article goes into greater detail regarding the circumstances under which having a burglary tool is illegal.
Understanding Possession
Possession refers to having ownership or control over something. Possession might be either constructive or actual. Actual possession occurs when you have a burglary tool in your immediate control or person. The term "constructive possession" refers to having control over and being accessible to burglary instruments.
Having a screwdriver in your bag indicates that you have actual control over the tool. However, if you keep the screwdriver in your vehicle and the vehicle in question is registered in your name, you will have constructive possession of the tool.
What Constitutes a Burglary Tool?
Burglary tools are considered illegal under California PC 466, which makes having them a crime if handled with criminal intent. It is necessary to demonstrate both your possession of a burglary tool and the intention to carry out a burglary in line with the California PC 459 burglary statute to convict you of committing a felony under California PC 466.
The provisions of California PC 466 specify over 15 different types of items referred to as "burglary tools," including:
- Keybit.
- A picklock.
- Crowbar.
- Slide hammer.
- Water-pump pliers.
- Tension bars.
- Vise grip pliers.
- Lock picks.
- Screwdriver.
- Bump key.
- Slim jim.
- Tubular lock picks.
- Master key.
- Floor-safe door pullers.
- Spark plug fragments or chips made of ceramic or porcelain.
- Other typical hand tools.
- Climbing rope.
- Masks, gloves, and other attire that conceals a person's identity or fingerprints.
- Tools designed for heavy-duty use that can burn through steel, concrete, and other solid objects, like thermal lances and torches.
- Explosives such as gunpowder or dynamite.
Although these could be common possessions that many individuals own, it is prohibited to own them if you intend to break into or force your way into an establishment, aircraft, railroad, trailer coach, vessel, or other vehicle. It's also illegal to try to modify any equipment or keys to force entry into any building, car, train, or vessel.
Carrying a pick lock in your bag while planning to force your way into an apartment is an example of a burglary tool. Another illustration would be driving a vehicle with burglary tools onboard while intending to break into a house. Possession of a burglary tool and the malicious intent to commit a burglary are two of the main elements needed to be found guilty in a court of law.
For instance, if there's an increase in burglary cases in an area, law enforcement can pull over any individual driving an automobile who seems to have a suspicious-looking appearance and request authorization to search their vehicle. The individual wouldn't be held criminally responsible for having burglary tools in his or her possession if he or she gives authorization and law enforcement find a toolbox containing items that are mentioned in the burglary tools provisions.
Despite having a burglary weapon in your possession, you don't have the necessary criminal intention to be linked to the crime. It is not illegal to possess the items listed in the law's provisions. However, you should speak with a criminal lawyer if you want to learn about the various burglary fines and sentences. A legal professional can explain the statutes and how they relate to your specific situation.
It's crucial to point out that most of these items are common household goods that most people use and own regularly. Depending on the owner's intentions, such items can be used as tools for burglary. Possession of burglary tools is a crime that can be filed against you if it's obvious that you intended to make use of the equipment to carry out the crime of burglary.
What The Prosecution Has to Prove
If you are accused of possessing burglary tools, the prosecutor has to demonstrate that you had the items in your possession. Additionally, the prosecution must show that you intentionally used the tools contrary to their intended use. It is more difficult to establish the intent of this particular crime. What you thought at the moment of your arrest cannot be proven with certainty or in reality.
Circumstantial evidence is often used to win or lose the majority of such trials. The following factors often need to be proven beyond any reasonable doubt for the prosecutors to succeed in getting you convicted of possessing burglary tools:
- You were in actual possession of any of the kinds of tools specified under California PC 466, which are considered unlawful.
- You planned on using the instruments to commit a crime.
The crucial element of the case is criminal intent. Most of the time, it’s not illegal to have any of these tools in your possession. It needs to be demonstrated without a shadow of a doubt that you possessed and had the intention to use the item in a manner that is against the law.
In addition, it's important to keep in mind that although the legal definition includes a list of things that could count as burglary tools, it also adds "other equipment." These might also be considered if they serve as tools for illegal entry into an establishment or vehicle or if they are put to use once inside.
How to Determine Intent
You cannot be convicted of possessing burglary tools without having the intent to engage in the act of burglary. When establishing whether you had the intention to commit burglary, courts often look at the overall situation. Your intention to perpetrate the crime can be proven if you take all required steps to carry out the offense and intended the act to be executed.
For example, if you are using a hammer and crowbar on your neighbor's property to help them dismantle wooden crates, you would probably not be penalized for possessing a burglary tool since you are assisting your neighbor rather than trying to get into his or her property.
On the other hand, if you’re holding a crowbar outside a corner store during the wee hours in the morning, and the retail store is closed, and you are dressed in dark attire and a face mask holding a bag. In this case, the prosecution can argue you had an intention of using the crowbar as a burglary tool to commit a crime.
The Repercussions of Possessing Burglary Tools
Depending on the rules of the jurisdiction, possessing burglary tools can be considered a felony or a misdemeanor. A misdemeanor conviction can result in hefty cash fines and a jail term of no more than a year.
If you are found guilty of a felony, you could be subject to harsher fines or a prolonged jail term. Possessing burglary tools is illegal regardless of whether or not a burglary has been committed.
You can be accused of both committing burglary and possessing burglary tools for perpetrating the same crime. This implies that any burglary carried out with the aid of a burglary tool is likely to result in more severe penalties compared to a burglary perpetrated without them.
Possession of burglary tools can result in the following punishments:
- Serving time behind bars.
- Probation time.
- Fines.
- Restitution.
Whether the case was tried as a felony or a misdemeanor will determine how long you will spend behind bars. It can also be determined whether the act in question was committed at the federal or state level.
After serving a prison or jail term, you could be sentenced to probation. The terms of probation are violated if there is a subsequent offense committed. In some situations, you could also be obliged to settle court fines. The sum will vary depending on the type and severity of the offense as well as the cost of the burglary tools that you had access to.
If found guilty of possessing burglary tools, you might have an obligation to pay for restitution. You have to make restitution to compensate the victim for damages incurred as a result of your action.
How to Defend Yourself Against the Charges
You can raise several legal defenses to contest a possession accusation. Three common legal defenses will demonstrate that:
- You did not intend to commit burglary on a property.
- You did not possess "burglary tools".
- Law enforcement found burglary tools following an illegal search and seizure operation.
No Criminal Intent
It's important to note that this law only considers specific intent as a requirement for conviction. This intention is to carry out an act of burglary. As a result, you can claim that you didn't act with this intention.
There Were No Burglary Tools
You can only be found guilty of the crime if you possess a "burglary tool." This refers to an instrument defined by law or an item that looks like one. Therefore, you can claim that you lacked the tool as a legal defense. Alternatively, you lacked the same object or tool.
Illegal Search and Seizure Operation
Authorities often file charges for this offense after searching an individual or obtaining evidence. However, a valid warrant is required before police can search someone or confiscate their belongings. Alternatively, if there is no warrant, you should have a valid defense argument. Tools used in burglaries can't be used in court if police obtained them through an illegal search or seizure operation. As a result, your charges could be dropped or reduced.
Effects on Your Immigration Status
Being convicted under this law has no adverse effects on your status as an immigrant. Some California offenses lead to a foreign citizen being deported or declared inadmissible. Being convicted of an aggravated felony crime is one such example. However, possessing burglary tools doesn't fall in this category.
Is It Possible To Get a Possession of Burglary Tools Conviction Expunged?
If you are found guilty under these provisions, you could be eligible for an expungement.
This applies provided you successfully carried out:
- Probation term.
- Your jail sentence.
A record expungement is beneficial since it eliminates many of the restrictions related to having a criminal record.
Are Your Firearm Ownership Rights Affected By A Possession Conviction?
A possession conviction does not affect your firearm rights. In some cases, a California conviction can result in you losing the right to:
- Carry a firearm.
- Possess a firearm.
Any offense that is tried as a felony is a good example. However, having a burglary tool is unlikely to result in either of these outcomes.
Offenses Related To Possession of Burglary Tools
There are several other violations under PC 466 involving the tools listed in this law.
Providing or Selling Floor Safe Door Pullers, Tension Bars, or Lock Picks
Normally, these tools are used to get into vehicles or buildings, whether it is done legally or not. If you give away, sell, or lend any of these things, the state laws require you to keep a transaction receipt for 12 months.
The document should include the buyer or seller's name, signature, and address in addition to their contact information. According to California PC 466.12, failing to do so is considered a misdemeanor punishable by up to six months in jail, a $1,000 fine, or a maximum of three years of informal probation.
Possession of Equipment To Tamper With Coin-Operated Devices
California PC 466.3a prohibits the use of specific tools to tamper with or open coin-operated washers, parking meters, vintage pinball machines, vending machines, or other devices to remove the coins they contain. A misdemeanor charge includes a hefty fine of no more than $1000, a year to three years of probation, or a maximum of one year in jail if you are found guilty of possession with the intent to commit a crime.
Manufacturing Or Possessing Master Keys For Motor Vehicles
It is legal to own motor vehicle master keys or wheel locks master keys so long as you do not intend to commit a crime while doing so. Selling, advertising for sale, or producing these things is illegal unless the person buying them or using them makes use of them as part of employment. In other words, if you sell the keys without knowing the buyer, you risk being charged with a crime, spending six months in jail, and paying a hefty fine of not more than $1,000 under California PC 466.54.
Possession Of Tools For Bypassing A Factory-Installed Motorbike Ignition
Motorcycles are lighter and easier to transport, making them more susceptible to theft. However, some instruments could be used for starting motorcycles without normal keys. If you own, lend, give away or sell an item that allows you to bypass the standard ignition process and ignite the machine, you will have infringed the law under this provision.
This also applies to Allen wrenches, electrical tapes, wire cutters, or other instruments that could be used for stealing the motorbike, in which case possession or lending of such items, for this reason, is considered a misdemeanor under the law. Penalties include up to six months in prison and a one thousand dollar fine.
Illegal Possession of Vehicle Keys
You can't obtain the keys to another person's vehicle without their permission if you also intend to break into or steal it. Under California PC 466.75, it counts as a misdemeanor punishable by no more than six months behind bars and a hefty fine of no more than $1000.
Illegal Manufacturing of Commercial or Residential Keys
Although you're allowed to create, distribute, or sell any key for a residence or company using an onsite inspection technique, you should retain a receipt with the recipient's full name, contact information for 2 years, and signature. The creation of duplicate keys is not covered by this section. Under PC 466.86, a violation of this provision is considered a misdemeanor punishable by a maximum of six months in jail and a fine of $1,000.
Using A Code-Grabbing Device To Disable A Vehicle's Security Alarm System
You are prohibited from possessing or using a gadget that can disable a vehicle's alarm if it is used or meant to be used to obtain unlawful entrance or steal the automobile under California PC 466.9. These devices intercept the signal and replay it to deactivate it. A misdemeanor conviction is punishable by up to six months behind bars and a $1000 fine.
Find a Los Angeles Criminal Defense Attorney Near Me
If you are facing charges of possessing burglary tools, you should speak with an expert criminal defense lawyer to fight for you and keep you out of jail. Our team at The Los Angeles Criminal Defense Attorney has the expertise and knowledge needed to get you the best possible outcome for your case. Call us today at 310-564-2605 to speak with one of our lawyers.
