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Auto Burglary: What You Need to Know
Auto burglary, also known as California Penal Code 459 PC, is a serious offense that involves entering a locked vehicle, or its trunk, with the intent of stealing the car, any property within it, or committing any other felony using the car. According to this penal code, forced entry into the vehicle is also considered auto burglary.
As a form of second-degree burglary, auto burglary is a ‘wobbler offense,’ which means that it can be charged as either a misdemeanor or a felony. The circumstances of the case and how the prosecutor decides to file the charges determine the type of charge.
If convicted of a misdemeanor auto burglary offense, the offender can expect a maximum incarceration of up to one year in the county jail. However, if the defendant is found guilty of a felony, the prison sentence could range from 16 months to a maximum of three years.
What is Considered a Vehicle?
In California, the word ‘vehicle’ is defined as any motorized object that can move or legally be used on a highway. This includes cars, motorcycles, trucks, electric vehicles, and other motorized objects. However, non-motorized objects such as bicycles or skateboards are not considered vehicles under California vehicle code 670.
Was the Vehicle Locked?
For the act to be considered auto burglary, the vehicle must be locked, and there must be evidence of forced entry.
Grand Larceny vs. Petty Larceny
Auto burglary can escalate to grand or petty larceny depending on the value of the money or property taken from the parked car. Grand larceny, also known as grand theft, happens when the property, money or value stolen from the vehicle or the car itself exceeds $950. Breaking into the car with the intention to steal it also adds a grand larceny charge in addition to auto burglary.
In contrast, petty larceny, also known as petty theft, happens when the money or property taken is less than $950. A contributing example of such would be breaking into a vehicle with the intent to steal a wallet or a purse that has $950 or less inside of it. In this circumstance, a petty larceny charge will be added to the auto burglary charge.
Legal Defense
When faced with auto burglary charges, it is essential to seek an experienced theft crimes attorney to help fight the charges. An attorney can help bring various legal arguments that can potentially reduce or dismiss the charges. Fortunately, several situations can be raised by the defense attorney on behalf of the defendant, including the following:
• The vehicle was unlocked – If the doors were unlocked, it is not considered auto burglary.
• The defendant had permission to enter the vehicle – If the car owner gave the defendant consent to enter the vehicle, it is not considered auto burglary.
• Lack of intent – The prosecution must prove that the defendant had the intention of committing theft or felony.
• Insufficient or inconsistent evidence – If the evidence against the defendant is insufficient or inconsistent.
• False identification – If there is a possibility that the defendant was falsely identified, they should not be convicted of auto burglary.
Whenever accused of a crime, it is prudent to consult a criminal defense attorney as soon as possible. In California, several types of theft crimes exist, and each has its defenses. An attorney can advise defendants of their rights, guide them through the legal system, and provide a solid legal defense strategy.
Have you been charged with auto burglary in California? Don’t face the charges alone. Contact an experienced criminal defense attorney today to start building your defense strategy.
Auto burglary impacts Californians daily, and as a result, it is a severe crime. Under California law, burglars break into closed spaces, steal goods, and inflict damage. An automobile fits under this definition of a closed space, which is why auto burglary is a criminal offense. The laws against auto burglary appear under California Penal Code Section 459.
Auto burglary is defined as entering a locked automobile, or its trunk, with the intent to steal the car or any property within it. California penal code provides for forced entry into the vehicle, in breach of the locks or the dismantling of any part of the metallic structure. This all falls under auto burglary.
Auto burglary is a “wobbler offense” and can be charged as either a misdemeanor or a felony, depending on the circumstances of the case. Misdemeanor charges typically carry a prison sentence of up to one year in the county jail. In contrast, felony charges carry a prison sentence of 16 months to three years.
A vehicle is defined under California law as any object that is motorized or legally able to be propelled and moved on a highway. The type of cars include a truck, an automobile and electric cars, among others. Non-motorized devices, such as bicycles or skateboards, however, are excluded from this definition.
A vehicle must be locked, and there must be evidence of forced entry into the car for the act to be regarded as auto burglary.
Auto burglary attracts grand or petty larceny charges, depending on the property, money or value stolen from the parked vehicle. Grand larceny or “grand theft” applies when the value or property taken from the car or the car itself exceeds $950. However, if someone breaks into the car with the intention of stealing it, the act leads to grand larceny and an additional charge of auto burglary. Petty larceny or “petty theft “, on the other hand, occurs when the property, money or value stolen from the car is below $950. For example, breaking into a car to steal a purse or wallet that has $950 or less is considered a petty larceny, and an additional auto burglary charge is added.
It is essential to get an experienced theft crimes lawyer when faced with auto burglary charges. A defense attorney can raise legal arguments that can potentially reduce or dismiss the charges. This argument can include any of the following:
• The car was not locked – If the doors were unlocked, it is not considered auto burglary.
• The defendant had permission to enter the vehicle – If the owner consents, it is not considered auto burglary.
• Lack of evidence – The prosecution must prove that the defendant had specific intent to commit the theft or felony.
• Inconsistent or insufficient evidence – If the evidence against the defendant is insufficient or inconsistent.
• Falsely identified – If there is a possibility that the defendant was falsely identified, they should not be convicted of auto burglary.
Auto burglary is a severe offense that can attract hefty punishments as described under California law. The damage inflicted on the car and whether it was broken up or dismantled result in different charges. If charged with a misdemeanor, the maximum sentence served is one year. However, if the act is charged as a felony, it might attract a sentence of up to three years. If you have been charged with auto burglary, reach out to an expert in auto burglary charges to build a defense strategy.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
CALIFORNIA CRIMINAL DEFENSE ATTORNEYS