An auto burglary happens when one person enters another person’s locked vehicle with the intent to steal it, steal an item from the vehicle, or commit a felony while inside the car. Prosecutors in California charge auto burglary as a felony or misdemeanor based on the details of the crime and the defendant’s criminal history. Whether you face misdemeanor or felony charges, a conviction for auto burglary is life-altering. You will likely receive a prison or jail sentence upon conviction and must pay a fine. A conviction will also leave you with a life-changing criminal record that will affect your life for a very long time.
Understanding possible penalties if you face auto burglary charges is crucial to preparing well for your defense. A skilled defense attorney can assist you with that. They can also protect your civil rights and use the best defense strategies to push for a favorable outcome in your case.
What Will Likely Lead to Penalties of Auto Burglary?
Charges for auto burglary occur when you are suspected of entering a locked vehicle or a vehicle’s trunk to steal the vehicle, steal what is in the car or trunk, or commit a felony while in the vehicle. When the police arrest you for this crime, the prosecutor files charges under PC 459 in court. Additionally, the DA must prove all elements of this crime for the judge to give a guilty ruling. Then, the judge will sentence you to the penalties provided under California law for this offense.
Auto burglary is a subsection of the law that prohibits burglary. The definition of auto burglary goes beyond entering another person’s locked vehicle. It also includes an intent to steal or commit a felony while in the vehicle. Thus, you are not guilty of auto burglary if you broke into another person’s vehicle without intending to steal the car or commit any other theft crime. However, this does not exempt you from prosecution under another law. The prosecutor will consider the case details to determine the appropriate charges to file against you.
You can face the severe penalties of auto burglary if you engage in these or similar acts:
- Smashing another person’s window to steal a laptop
- Unlocking someone’s packed car to steal it
- Unlocking a packed vehicle to steal whatever valuable item you find in the vehicle
- Breaking into an old lady’s home and waiting for her return so that you can kidnap her.
Remember that the facts of a crime provide its legal definition. The DA must demonstrate all these facts for the judge to pass a guilty judgment. Then, you will be sentenced to the penalties provided for the offense under California law. The legal meaning of auto burglary, according to California law, includes the following facts:
- You entered another person’s vehicle.
- The vehicle was locked.
- Your intent then was to commit a theft-related crime or any other felony offense.
Let us discuss these facts in detail to ensure you understand this legal definition well.
A Locked Vehicle
Entering a car is not necessarily a crime. However, you can face criminal charges for entering another person’s vehicle without consent. Entering someone’s locked vehicle without authorization is an even graver crime. PC 459 specifically prohibits accessing a locked vehicle or a locked vehicle’s trunk. You must break into the vehicle to face charges under this statute.
The DA must demonstrate that the doors or trunk of the car were locked. If this is true and you took one or more items from the vehicle, you will face auto burglary charges. Here are ways you can access a locked vehicle to satisfy this element:
- Smashing the vehicle’s window to open it or access something from it
- Taking something from a locked vehicle through an open window
- Unlocking the window of a car without its owner’s consent
- Using tools like screwdrivers to open a vehicle’s trunk to steal what is inside it
Example: Charles catches Brian, his neighbor’s son, aged 21, inside his car one morning. When Charles cut his search short, Brian seemed to be looking for something. When reporting the matter to the police, Charles said he always locks his vehicle every evening after work. Although the car’s locks did not appear tampered with, Brian can be charged with auto burglary for accessing a locked vehicle without its owner’s consent. The fact that he seemed to be looking for something can be used to demonstrate his intent to steal while in the vehicle.
Entering a Locked Vehicle
The DA must also demonstrate that you entered a locked vehicle to trigger a guilty ruling in this case. According to this statute, entering a car happens when one or more parts of your body are inside a vehicle. You could also be charged for entering a car if an object you control accesses the inside of a vehicle. This means you do not have to unlock the door and physically enter the car with your whole body to face charges for auto burglary. Accessing the vehicle through its window or putting an object in it violates this law.
Example: Cathy is caught using a stick to remove a bag from a packed car through the window. The owner leaves his car’s window rolled down a little as he goes inside a building, only to find someone trying to steal a bag he has left inside. Although Cathy does not physically enter the locked vehicle, she is guilty of auto burglary for entering the vehicle using a foreign object under her control.
However, suppose Cathy only steals an external part of the car or something left outside the vehicle without accessing its inside. In that case, they will not face charges for auto burglary under PC 459.
The Intent to Commit Theft or a Felony
The DA must also demonstrate your intent to steal or commit a felony while inside the vehicle to cause a conviction. Examples of felonies you can commit after entering a locked vehicle include the following:
- Grand theft auto, or stealing the vehicle you have broken into
- Grand theft, or stealing something whose value is greater than $950 from the locked vehicle, like a laptop, mobile phone or stereo
- Kidnapping an adult or child locked in the vehicle
- Petty theft, or stealing something valued at $950 or less
If you do not have this intent while breaking into a locked vehicle, the court will drop your charges under PC 459. However, the district attorney can file other criminal charges that fit the details of the case.
Note: Auto burglary charges occur even if you fail to steal or commit a felony after breaking into a locked vehicle. What matters is you entered a locked vehicle intending to commit theft or any other felony.
Example: Chris has successfully committed auto burglary several times without being caught. However, his last attempt was a total failure. Even after smashing a packed car’s window, he could not remove the laptop he intended to steal. Just as he was about to give up, the police arrested him and accused him of auto burglary.
Possible Penalties For an Auto Burglary Conviction
If the DA proves all elements of your offense beyond a reasonable doubt and the judge delivers a guilty verdict, you will receive harsh penalties during sentencing. The penalties you receive depend on whether you face misdemeanor or felony charges. This is because PC 459 is a wobbler in California. This means the district attorney can charge it as a felony or misdemeanor, depending on the case details and the defendant’s criminal history. It is also a second-degree burglary offense, meaning its penalties are more lenient than those for a first-degree burglary.
If the DA files a misdemeanor charge against you, you could receive these penalties upon conviction:
- Misdemeanor probation
- A one-year jail sentence
- A fine of not more than $1,000
If the DA files a felony charge against you, you could receive these penalties upon conviction:
- Felony probation
- 16 months, two or three years in county jail
- A fine of up to $10,000
A jail sentence is life-changing because it takes you from the comfort of your home, job, and family to serve your sentence behind bars. Since you cannot do much while in jail, you could lose your job, the love and support of friends and family, and other opportunities to grow your career or business or develop yourself.
Fortunately, the judge can sentence you to probation rather than jail, whether felony or misdemeanor probation. The exact probation will depend on your underlying charges. You could be on probation for three years if it is a misdemeanor or five years for a felony. Probation allows you to serve your sentence out of jail. Thus, you can continue with your life, including working or running your business and caring for your family. However, you must adhere to the judge's terms and conditions received during sentencing.
For example, the judge can order you to perform community service, complete a treatment or counseling program, or not engage in crime during probation. You will also be required to visit the court for the judge to evaluate your progress (misdemeanor) or meet periodically with the probation officer in charge of the case for evaluation (felony). The judge can revoke your probation and sentence you to county jail for the entire term if you violate the set conditions.
A conviction for auto burglary will also leave you with a life-altering criminal record that can significantly affect all areas of your life. For example, finding a job after serving your sentence could be challenging. This is because most potential employers run background checks on potential employees before hiring. A criminal conviction could cause a potential employer to change their mind about hiring you. Also, it can affect your social life since most people prefer not to associate with ex-convicts.
Auto Burglary as a First-Degree Offense
First-degree crimes are usually graver than second-degree crimes. A first-degree burglary happens when a person enters an inhabited or residential space intending to commit a felony. Generally, auto burglary is treated as a second-degree crime because it mainly applies to a locked vehicle. However, the district attorney can file first-degree burglary charges if you enter a trailer coach or any other inhabited vehicle intending to steal or commit a felony while inside. In this case, you will face felony charges, punishable by two, four, or six years in prison.
How To Avoid a Conviction and Penalties of Auto Burglary
All the penalties of auto burglary are life-changing. A conviction also leaves you with a criminal record that continues to affect your life in many ways. However, you can avoid a conviction and severe penalties by mounting a solid defense against your charges during your trial. A skilled defense lawyer can help you with that. In addition to protecting your civil rights and ensuring you navigate the legal system successfully, your legal representative can use some of these legal defense strategies to obtain a favorable outcome in your case:
Proving that The Vehicle Was Unlocked
Remember that the legal meaning of auto burglary requires you to have entered a locked vehicle to commit theft or a felony. This changes if the vehicle is unlocked, and the prosecutor will not prove all the elements of the offense. If there is proof that the vehicle was unlocked, a skilled lawyer can use it to compel the judge to dismiss or reduce your charges.
It could be that the vehicle owner forgot to lock it or deliberately left it unlocked. If the crime is alleged in a busy street or public parking space, your lawyer can use surveillance videos to prove the vehicle was unlocked.
However, this does not mean that you are not criminally liable. The DA can file other charges that best fit your actions.
You Had No Criminal Intent
This is another way a skilled attorney can counter the prosecutor’s claim. Remember that the DA must prove you intended to commit a theft crime or any other felony while inside a locked vehicle. If this fails to happen, the judge will dismiss your charges.
It is challenging for prosecutors to prove criminal intent in criminal cases. This is because no one can know what another person intends to do at any given time. However, the DA can prove the case if you communicated your intent to another person or it was not your first crime.
If you failed to commit a crime after entering a locked vehicle, a skilled attorney could use this defense strategy to cause the court to drop your charges. The prosecutor will have difficulties proving your intent if you did not commit any crime inside the vehicle.
There Is Not Enough Evidence to Receive a Conviction
Your skilled attorney can cite insufficient evidence if the DA’s case is not strong enough to push for a conviction. This could happen if the district attorney fails to prove the crime's facts. Prosecutors bear the burden of proving criminal cases. They must have convincing evidence for a judge to give a guilty judgment. If this fails to happen, the judge will dismiss your charges.
An aggressive attorney can counter all claims by the prosecutor to weaken their case and compel the court to dismiss your charges.
You Face False Accusations
If you face false accusations, it will be unfair for the judge to convict and sentence you for auto burglary. Sadly, false accusations happen constantly, and some innocent people end up paying for crimes they did not commit. An experienced attorney will not allow that to happen to you. They will do their best to prove that you did not commit the crime you are accused of.
A skilled lawyer can use your alibi to counter the prosecutor’s claim and demonstrate your innocence during the trial. If you were not anywhere near where the alleged crime occurred, the judge will not convict. Your attorney can also challenge the prosecutor to prove beyond a reasonable doubt that the person who committed auto burglary is you. This could happen if the DA is using unclear or blurry surveillance videos. They could also use forensic evidence to prove that someone else committed the crime and not you.
Find The Service of a Competent Criminal Attorney Near Me
Do you face charges for auto burglary in Los Angeles?
You must be worried about the complex legal process and the possible penalties if the court gives you a guilty verdict. A violation of PC 459 is severe because of the penalties that follow a conviction, including a lengthy sentence, a hefty fine, and a life-changing criminal record. However, you can prepare better and fight your charges with the assistance of a competent criminal defense attorney.
We understand how terrifying the uncertainty of a criminal process is at The Los Angeles Criminal Defense Attorney. We can help you overcome your fears and prepare you for the trial. We can also employ our best defense strategies to fight for a favorable outcome in your case. With our assistance, you could avoid the severe penalties of auto burglary. Contact us at 310-564-2605 for more details about your case and our service.
