Under California law, burglary involves entering a residential or commercial building to commit a theft or another felony. However, even when you fail to commit the crime, you can be charged with possession of burglary tools if you are found with items that can be used to commit the crime.

The tools for burglary could include crowbars, slide hammers, and picklocks, among others. However, possession of these tools is not always an offense. The prosecution must prove your intent to commit the crime to secure a conviction against you. The possession of burglary tools is charged under California PC 466, and a conviction can mean you will spend up to a year in jail.

Understanding the circumstances under which you can be charged with possessing burglary tools is essential in fighting your charges and avoiding the consequences of a conviction. You will benefit from the guidance of a reliable attorney if you or a loved one is battling charges for possession of burglary tools in California.

When is Possession of Burglary Tools a Crime?

Possession of tools that could be used for breaking a locked residential property, commercial property, or vehicle is a crime charged under PC 466. The prosecution must prove these elements beyond a reasonable doubt before you face a conviction under this statute:

You possessed a Burglary Tool

You could be arrested and charged with possessing burglary tools if the prosecution can show that you have the tools in your possession or that you made, altered, or tried to alter them.

You will be found guilty of meth possession of burglary tools if the prosecution can prove that you possessed one or more of these items:

  • Crowbars

  • Screwdriver

  • Picklock

  • Water pump pliers

  • Slide hammer

  • Tension bar

  • Master key

  • lock pick gun

  • Explosives or dynamite

  • Tools used for burning through steel or concrete doors

Any other item that could be used to accomplish a burglary would fit the definition. Although most of these tools are available for repair or construction, possessing them with criminal intent could land you in legal trouble.

In addition to possessing a burglary tool, you can be charged under PC 466 if you modify or attempt to modify a standard tool to use it for breaking.

You Acted with a Criminal Intent

Possession of a burglary tool is not enough to convict you under PC 466. The prosecution must prove you intended to use these tools to commit a burglary. You violate burglary laws by entering a structure intending to commit a theft crime or another felony. Regardless of whether you succeed in committing the crime or not, you could be convicted of burglary.

Sometimes, an intent to commit a burglary would be inferred from an item found in your vehicle. For example, if a law enforcement officer stops your vehicle for a traffic violation and spots a burglary tool in sight, they can suspect you of violating PC 466. You can be arrested and charged if the officer searches further and finds other items that could be used for a burglary.

Proving a criminal intent could be challenging for the prosecuting attorney. Often, your case will rely on physical evidence, mainly the burglary tool in your possession. Additionally, the testimony of witnesses, including the arresting officer, can be used to substantiate the allegations. Without physical evidence, the prosecution will use circumstantial evidence to prove your intention to commit burglary.

Legal Penalties for the Possession of Burglary Tools

A violation of PC 466 is charged as a misdemeanor. If you are convicted of the offense, you could face the following penalties:

  • A jail sentence of up to one year

  • A $1,000 fine

  • Misdemeanor probation

Sometimes, you could be charged with possession of burglary tools alongside burglary. This will occur if you succeed in entering a locked building or vehicle without authorization from the owner using the tools found on you.

First-degree burglary involves entering a residential building and is charged as a felony. Your conviction in his case will result in a prison sentence ranging from two to four or six years. Second-degree burglary, on the other hand, is a wobbler. When charged as a felony, the offense attracts a sentence of sixteen years to two or three years in prison.

However, when charged as a misdemeanor, a conviction will result in a jail sentence not exceeding one year. If you face charges for burglary and possession of burglary tools, you will need a skilled lawyer to help you fight the charges.

Since burglary is a misdemeanor, your immigration status will not be at risk. Therefore, if you are an immigrant, you have no added risk of deportation or inadmissibility after a conviction. Another benefit of facing a misdemeanor charge under this statute is that you will not lose your gun rights, unlike burglary.

Defense Against Penal Code 466 Charges

A conviction for the possession of burglary tools can have a significant impact on your life and freedom. Therefore, you must be aggressive to beat the charges if you are arrested and charged under this statute. You can do this by working with a knowledgeable defense attorney.

Your attorney will help protect your constitutional right through your case and build a defense using the following arguments:

No Possession

The first element that the prosecution must prove in your PC 466 case is that you possessed a burglary tool. This could be anything from crowbars to screwdrivers and master keys. Under this statute, you are considered to have a burglary tool if it was found on your person or within your control.

The prosecution will use evidence like video surveillance and eyewitness accounts to prove your possession. Additionally, testimony from expert witnesses who can testify on what is considered a burglary tool can be critical in proving this element and securing a conviction.

You can avoid a conviction by proving that the tools were not found in your possession. This defense is mostly applicable when burglary tools are found in a common area or public place where multiple individuals can access them.

Lack of Felonious Intent

A critical element that makes possessing burglary tools a crime is your intent. The proposition must prove that when you possessed the tools, you intended to use them to commit a burglary. Proving criminal intent can be challenging for the prosecution. You can avoid a conviction for your offense by arguing that you lacked a felonious intent.

Legitimate Purpose for the Tools

California law is specific about the items that could be classified as burglary tools for the purpose of PC 466. However, these tools can be average items that are usable for other purposes around the home or in construction and repair.

Therefore, you can avoid a conviction by proving that your items were not meant for a burglar. Additionally, you can give an alternative explanation of how you intend to use the items. This is by presenting supporting evidence like proof of employment receipts and testimonies from an employer or contractor.

Insufficient Evidence

The prosecutor must prove all the elements of PC 466 before securing a conviction against you. This is done through the use of physical evidence, circumstantial evidence, and witness testimony. If there is insufficient evidence, you can create a reasonable doubt in their case against you, avoid a conviction, or receive lesser penalties.

Lack of Knowledge that the Tools you Possess could be Used for Burglary

You cannot be found guilty of possessing burglary tools if you did not know the tool could be used to break into a building or vehicle. For example, if you borrow a friend's car and there is a crowbar inside, a police officer who stops the vehicle could see the tool and begin an investigation against you. However, you can avoid a conviction by arguing that you did not know the presence of the tool and its potential use.

Unlawful Search and Seizure

The California Constitution's Fourth Amendment shields you from unauthorized searches by police enforcement. This implies that a police officer can only conduct a search authorized by a legal warrant. Police may be eager to search you or your house without first getting a court warrant when they acquire information about a possible burglary.

If you can demonstrate that you were the victim of an unlawful search and seizure, your lawyer may petition the court to reject the evidence gathered during the illegal search. This may weaken the prosecutor's case and raise the possibility that you won't be found guilty.

Entrapment

Under California law, entrapment occurs when a law enforcement officer induces you to commit a crime that you could not have committed without their insight. When police officers want to catch individuals engaging in criminal acts, they could launch undercover or sting operations. If you are a suspect in burglaries, the officers can entrap you.

By proving that you are a victim of police entrapment or that the officers coerced you into accepting liability for the offense, you can avoid a conviction.

Probation for California Penal Code 466

There are three main sentencing alternatives under California law. After your conviction, you can be sentenced to jail time, fines, or probation. Probation is often an alternative to jail time for defendants facing misdemeanor or felony charges. With a probation sentence, you will serve some jail time on community service.

Not all defendants facing charges for possessing burglary tools are eligible for probation. Instead, you may negotiate for a Thai sentence with the prosecution. The judge can sentence you to probation under the following circumstances:

  • You are a first-time offender. If you had no prior convictions for possessing burglary tools before the arrest, the court can sentence you to probation instead of jail.

  • Absence of aggravating circumstances in your case. The specific factors of your case may impact the severity of your sentence for possession of burglary tools. The court may order that you serve your complete jail sentence if there are aggravating factors. A common aggravating factor that would make you ineligible for probation is being convicted of burglary and possessing burglary tools.

You will be sentenced to informal probation after a conviction for possessing burglary tools. Informal probation is always unsupervised and lasts for up to three years. Although probation saves you from the stigma of being behind bars, the court will attach strict conditions you must follow throughout the probation period.

The following are common conditions of probation for possession of burglary tools in California:

  • Payment of fines. If you are sentenced to a fine after your convictions, paying these fines and other court costs will be one of the conditions of your probation.

  • Serve community service. Instead of sitting behind bars, you will be placed on community service as part of your probation.

  • Random searches. Under California law, law enforcement officers must have a valid arrest warrant to arrest you. However, if you are on probation for violating PC 466, the police officers do not need a warrant to search you, your home, or your vehicle.

  • Avoid committing other crimes. A probation sentence allows for restoring the defendant without spending time in jail. However, the court orders that you avoid criminal activity while on probation.

  • Report to the court. Misdemeanor probation is unsupervised. Therefore, the court will not appoint a probation officer to monitor you for possessing burglary tools while on probation. However, you must report to the court regularly. This keeps the court up to date with your performance.

If you do not comply with probation conditions, you can be arrested and charged with probation violation. At your probation violation hearing, you can deny the allegations or explain away the violation.

If the court finds that you violated your probation, the judge could:

  • Revoke your probation and reinstate the maximum jail sentence, a year in county jail.

  • Revoke the probation and reinstate the original jail sentence.

  • Impose harsher probation terms.

If you are sentenced to probation for possessing burglary tools, your attorney will help you ensure that you follow the probation conditions.

Can I Expunge a Conviction for Possession of Burglary Tools?

YES. The consequences of a criminal conviction under PC 466 go beyond incarceration and fines. The conviction enters your criminal records, which are accessible to the public in California. Anyone who performs a background check on you can find the conviction and use it against you.

Although possessing burglary tools is a misdemeanor, potential employers can use the conviction to deny you job opportunities. If you work in a profession where a practice license is necessary, the licensing board can impose severe disciplinary action against your license when notified of your conviction.

Additionally, a criminal conviction can ruin your reputation. Fortunately, California law allows you to avoid the disabilities of your criminal conviction through different forms of post-conviction relief. Under California PC 1203.4, an expungement is a legal proceeding where the courts allow you to withdraw your guilty or no contest verdict and enter the not guilty verdict before dismissing your case.

You will be eligible to expunge your conviction for the possession of burglary tools if you meet the following criteria:

  • You have completed your probation. Probation is often a part of your penalties for violating PC 466. Before expunging a conviction, you must have completed your probation term and adhered to all the conditions. If your probation performance is good, you can petition the court for an early probation termination.

  • You are not serving other sentences. You must not be serving a sentence for a subsequent crime when you file for expungement in California.

  • You do not have pending charges. When you file a petition to expunge your conviction for possession of burglary tools, you should not have pending charges for another offense.

You will expunge your conviction for possessing burglary tools by petitioning the court. If your petition under PC 1203.4 is granted, you can answer no about your convictions. Additionally, potential employers and landlords cannot discriminate against you based on an expunged conviction.

Find a Competent Theft Crime Defense Attorney Near Me

If you possess tools or items that could be used to commit a burglary in California, you can be arrested and charged with possession of burglary tools under California PC 266. However, not all instances of possession of burglary tools will result in criminal charges. The prosecution must prove your criminal intent. This means that you intended to commit a burglary even if you failed.

Even when you are not found committing a burglary, [possession of burglary tools can land you in jail and result in other penalties. California burglary laws are complicated. Therefore, you need to hire and retain a criminal defense attorney to guide you through the court system and assist you in securing the best possible result for your case.

At California Criminal Lawyer Group, we understand the potential consequences to your life and freedom should you be found guilty of possessing burglary tools. Our knowledgeable lawyers will provide professional legal advice to help you fight your charges and prevent a conviction in San Jose, CA. Call 408-622-0204 to discuss your case.