Possessing burglary tools is not always a crime. You could have possessed the tools for personal use or other purposes but not to commit burglary. Possessing burglary tools intending to break into a structure, dwelling, waterfront, or automobile is a crime under the California penal code 466 PC. Many tools, including crowbars, picklocks, slide hammers, and screwdrivers, can qualify as burglary tools.
A violation of this statute is a misdemeanor. The offense can attract a $1000 fine or six months’ jail time in a county jail. If you or your loved one faces charges under PC 466, contact a committed attorney to help you create a legal defense. We will evaluate your case and help you create a proper defense to fight your charges.
Elements of the Crime
The prosecutor has to prove several elements for you to be convicted under PC 466:
- You were in possession of a burglary tool
- You possessed the tool intending to perpetrate burglary
You could be wondering about a burglary tool: The following tools qualify as burglary tools:
- Slide hammers
- Key bits
- Vise grip pliers
- Master keys
- Tension bars and others
- Picklocks
Other tools and instruments can also qualify as burglary tools.
Having an Intent to Commit Burglary
To be guilty under PC 466, you must have had felonious intent when you possess burglary tools. This means that you intended to commit burglary using the tools. The law defines burglary as:
- Entering a structure or a vehicle
- You enter the structure or vehicle intending to commit petty theft or a felony when inside.
Circumstantial Evidence
When proving an intent to commit burglary, the prosecutor only needs to provide circumstantial evidence. Circumstantial evidence implies that the facts of your case should infer guilt.
The mere possession of burglary tools without an intent to commit a crime cannot attract charges under PC 466. For example, law enforcement officers can stop your vehicle for speeding. The police search your car and discover a picklock or crowbar. In this case, you cannot face charges of PC 466. Even if you had the tools in your car, there is no proof that you intend to commit burglary. However, the police can accuse you if they discover a ski mask, walkie-talkies, headlights, or binoculars. The additional tools can serve as circumstantial evidence indicating an intention to commit burglary.
Another example of an indicator of intent to commit burglary is wearing dark clothing and concealing your face at night while in possession of burglary tools. The police might find you using burglary tools to force another person’s house door or window open. However, the prosecutor must still provide more evidence to prove your intent.
Proving intent is challenging for the prosecutor. After all, there is no way for the prosecutor to prove what you were thinking. This is where circumstantial rather than direct evidence comes in. Circumstantial evidence refers to a series of events resulting in a reasonable deduction.
No one leaves a message or note outlining that he or she intends to commit burglary or to use a burglary tool to break into a property. The prosecutor must employ relevant evidence that proves your intent.
Other common examples of circumstantial evidence include fingerprints on a weapon used to commit burglary. Damage to the alleged hit-and-run defendant’s vehicle can be reliable circumstantial evidence in traffic offenses. In burglary, possessing a building’s blueprints alongside burglary tools can indicate that you intend to commit burglary.
Other Tools/Instruments
PC 466 outlines many instruments that can qualify as other tools and instruments. Another tool can qualify as a burglary tool if it has characteristics similar to those outlined under PC 466.
You could face charges under PC 466 if the police find you trespassing or moving around private property while possessing certain tools. For example, if you possess a slingshot or box cutter knife, the police can point out that these tools can be used to commit burglary. The judge can convict you under PC 466. Even if the tools you possess are not outlined under PC 466, they can still be used to break into a structure or vehicle.
The Penalties For Violating PC 466
The violation of PC 466 is a misdemeanor offense. The possible penalties include serving a jail time of not more than six months in a county jail. The judge can also order you to pay a fine not exceeding $1,000. Will a conviction affect your immigration status? A conviction under PC 466 will not affect your immigration status because it is not a crime of moral turpitude. The crime is not an aggravated felony and thus will not affect your immigration status.
A conviction under PC 466 will also not affect your gun rights. Only felony crimes or crimes related to drugs or domestic violence affect your gun rights.
Expungement Of Your Conviction
You should not give up upon being convicted under PC 466. You can have the conviction expunged to ensure it does not appear on your record even when someone performs a background check. An expungement relieves you of all the burdens of your conviction. You have to meet the following conditions to have your conviction expunged:
- Complete probation
- Complete jail time if applicable
- You should not have committed an additional offense
You will no longer experience the hardships accompanying a conviction following an expungement. However, court-related records are not destroyed and can be accessed on police databases but not by the public.
Expungement is crucial because no public party, including employers, landlords, friends, family members, or other parties, can access your conviction records. Only law enforcement officers and government agencies can access your records. You will avoid the challenges of renting an apartment, securing loans, enrolling in college, or securing employment.
You can submit a petition to have your conviction expunged immediately after you complete probation. If the judge does not impose probation, there are some exceptions. You must file a petition to expunge your criminal conviction within twelve months after conviction.
The Common Legal Defenses
With the help of an experienced attorney, you can fight PC 322 charges. Some of the legal defenses you can use to fight your charges include the following:
You Did Not Have An Intention To Commit An Offense
One of the most common legal defenses is pointing out that even if you possessed burglary tools, you had no intent of committing burglary. In most cases, a prosecutor cannot prove your intent beyond a reasonable doubt. Therefore, you can prove a lack of intent with a skilled attorney. The prosecutor bears the burden of showing that you intended to commit burglary so that the judge can convict you. If the prosecutor is unable to prove your criminal intent, he/she might have no option but to drop your charges.
Not Burglary Tools
California law outlines only a few tools that qualify as burglary tools. In addition, the definition of a burglary tool is subjective. Even tools not outlined under the law can qualify as burglary, depending on their nature and where you possessed them. Your attorney can use several means to prove you did not possess burglary tools. For example, you can use witness accounts and video footage. You can also bring in expert witnesses to explain whether what you possessed qualifies as a burglary tool. The court can dismiss your charges if you and your attorney convince the judge that what you have does not meet the definition of a burglary tool.
Illegal Search Or Seizure
The U.S. Constitution protects citizens from being subjected to illegal search and seizure. The police should only search your person, vehicle, or house if they possess a valid warrant. If the property searches you or your premises or seizes your property without a valid warrant, you can present a defense based on this. The judge can disregard any evidence obtained through the unlawful search and seizure. If the judge excludes the illegally-acquired evidence from your case, the prosecutor might withdraw the charges.
Legitimate Purpose
You can mitigate the element of criminal intent by proving that you possessed the burglary tools for a legitimate purpose. Perhaps you work as a locksmith or mechanic. In this case, you can point out that the burglary tools you possessed were for your job. To strengthen your defense, you can provide supporting evidence like employment records, receipts, witnesses, and personal testimony.
You Did Not Know That The Tools You Possessed Were Burglary Tools
If you did not know that the tools you possessed were burglary tools, you should not face a conviction. Sometimes, you might not even know you possess burglary tools. For example, you could have borrowed a truck from your friend. The police pull you over for speeding only to discover the tools in the back of the car. Since you did not know that the tools were there or that they were used for burglary, you should not face criminal charges under PC 466. You will need to have an aggressive attorney by your side to help you fight the charges.
Related Crimes
Several offenses are charged alongside or instead of violation of PC 366. Some of the related offenses include the following:
Trespass - PC 602
Criminal trespassing is a crime outlined under California PC 602. You can face charges under this statute if you enter and remain on another person’s property. The prosecutor should prove you had no right or permission to be on the property. You can face charges under PC 602 and PC 466 if you trespass with an intent to engage in burglary. The prosecutor might further have to prove that you possess burglary tools at the time of trespass.
Possessing Prohibited Weapons
Under the California PC 16550, it is an offense to manufacture, sell, or possess a dangerous weapon. Some of the prohibited weapons are short-barrel guns and brass knuckles.
Manufacturing Commercial/Residential Keys Illegally
Under PC 466.8, you could face criminal charges if you manufacture keys illegally. Even if you have a license to make and sell keys, you must issue receipts and retain the details of the primary recipients for a particular duration, usually two years. This law does not cover the manufacture of duplicate keys. Violation of this statute is a misdemeanor offense. The potential penalties include a fine of up to $1000 dollars and fines not exceeding $1000.
Illegally Possessing Motor Vehicle Keys - PC 466.7
You should not illegally possess another person’s vehicle keys unless you intend to break or steal the vehicle. A violation of PC 466.7 is a misdemeanor offense. The potential penalties include fines not exceeding $1,000 and jail time of not more than six months.
Possession Of Tools For Bypassing Motorcycle Ignition - PC 466.65
Due to their smaller size and weight, motorcycles are easier to get away with than vehicles. You can use specific devices to start a bike without the keys. Possessing, giving away, or lending a tool that can bypass motorcycle ignition is an offense.
Possessing An Automobile Master Keys
You can possess motor vehicle master keys or lock master keys provided you have no criminal intent. It is an offense to sell, advertise for sale, or manufacture these items unless the buyer or end-user uses them for work. You must know what the person you sell the keys to does for a living. Dispensing motor vehicle master keys to the wrong people is punishable. The potential penalties include serving a jail time of up to six months and fines of not more than $ 1,000.
Find An Experienced Attorney Near Me
If you or your friend or relative is under investigation for possessing burglary tools, you must act fast. You should contact an experienced attorney as soon as possible. The charges might seem minor, but the accompanying consequences can be detrimental. Possessing burglary tools is a form of attempted burglary. The argument is that you would have executed the burglary if the law enforcement officers had not arrested you.
At the Law Office of Ann Gottesman, we have helped many people facing charges under PC 466 fight their charges in Pasadena, CA. We will examine the prosecutor’s evidence, identify lapses in the evidence, and help you create a solid defense. We are always available whenever you need us. Contact us at 626-710-4021 to speak to one of our attorneys.
