California Auto Burglary Law - Penal Code 459 PC
Auto burglary is covered under California Penal Code Section 459, also known as car or vehicle burglary. It is classified as a 2nd-degree burglary, involving illegal entry into a vehicle with the intent to commit petty or grand theft.
This differs from California Penal Code Section 487(d), which addresses grand theft auto, because the intent in vehicle burglary is to steal items inside the vehicle, not the vehicle itself.
These criminal charges often include damage to the vehicle incurred during forced entry. Such damage can lead to an additional vandalism charge.
Essentially, auto burglary involves entering any vehicle—such as a car, truck, or motorcycle—by force with the intent to commit theft, whether grand, petty, or another felony. It's crucial to remember that there must be proof of forced entry for the act to be classified as auto burglary.
A vehicle is considered locked if its parts are interconnected and require force to break the seal and gain entry. Even if the vehicle has a defect that prevents proper locking, having lockable doors still legally qualifies it as "locked" for auto burglary charges.
Auto Burglary Law - Clarified
Under California Penal Code Section 459, auto burglary is legally defined as "Every person who enters any vehicle as defined by the Vehicle Code, when the doors are locked, with intent to commit grand or petit larceny or any felony is guilty of burglary."
To secure a conviction, the prosecutor must prove beyond a reasonable doubt the following "elements of the crime":
- You tried to access a vehicle that is locked.
- You intended to commit theft or a felony inside the vehicle.
It's important to understand that even if you don't successfully steal anything from the vehicle or commit a felony after entering it, you can still be found guilty if you intended to do so.
Under California Penal Code Section 487, grand theft occurs when the stolen property exceeds $950. Charges of grand theft are filed if you steal the vehicle (PC 487(d)(1)).
If you enter a vehicle with the intent to steal it, you could face both grand theft and auto burglary charges. Under California Penal Code Section 490, petty theft is committed when the stolen property or money is valued at $950 or less.
Related Offenses
California Penal Code Section 663 covers attempted burglary. Even if you do not complete all the steps to commit burglary, you can still be charged with attempted burglary if there is enough evidence of criminal intent.
For example, trying to open a locked vehicle but failing because the alarm was triggered.
California Vehicle Code 10852 covers tampering with a vehicle. You may face criminal charges if you intentionally tamper with a vehicle, its contents, or if you break or remove any part of it.
What Are the Legal Penalties?
Automobile burglary is classified as a "wobbler" offense, meaning the prosecutor can choose whether to charge it as a misdemeanor or a felony.
The decision depends on factors like your criminal history and the seriousness of the offense. Fortunately, if you are convicted of a felony, you may be able to have it reduced to a misdemeanor under California Penal Code Section 17(b) upon completion of probation.
If convicted of second-degree burglary as a misdemeanor, you face up to one year in Los Angeles County jail, along with fines, restitution, a protective order, and probation.
If convicted of second-degree burglary, the sentence can range from 16 months to 3 years in a California state prison, including fines, restitution, a stay-away protective order, and supervised probation.
What are the Defenses for Auto Burglary?
If you are accused of auto burglary, our California criminal defense attorneys can employ a range of legal strategies to help you. These may include:
- No intent: The prosecutor must demonstrate that you had a specific intent to commit theft or another serious crime. In some cases, our lawyers might argue that there was no intent to commit auto burglary, such as when the car door was unlocked, the windows were open, or no forced entry occurred.
- False identification: In some cases, our lawyers may be able to demonstrate that you were mistakenly identified as the perpetrator. Witnesses can sometimes incorrectly identify someone, especially in low-light conditions.
- Insufficient evidence: Based on the circumstances, our criminal lawyers may successfully contest the prosecutor's evidence in your auto burglary case. For instance, we could highlight inconsistencies or weaknesses in their proof. If we can establish reasonable doubt, we may be able to prevent a conviction.
If you are under criminal investigation or have been charged with auto burglary, contact our Los Angeles criminal defense lawyers at the Hedding Law Firm for a case review.
