Various objects can fall under the burglary tools classification, from common items like crowbars, screwdrivers, and pick locks, to more specialized tools like a master key. According to California law, it is not enough to merely possess these items; there must also be evidence of criminal intent to use them for burglary.

These laws aim to deter and prevent more serious crimes but also open the possibility of accusing innocent individuals. In this particular article, you delve deeper into the specific situations in which possessing a burglary tool becomes illegal, shedding light on the complexities of these regulations

Meaning Of Possessing Burglary Tools

Possessing burglary tools can lead to criminal charges under California Penal Code 466. For the court to convict you of a PC 466 violation, the prosecution must prove certain elements, including:

  1. You possessed a burglary tool.
  2. You possessed the tool, intending to commit burglary.

The law lists more than 15 objects deemed burglary tools, including spark plug chips, master keys, picklocks, tension bars, key bits, and vise grip pliers. However, the law also states that "other tools or instruments" can be considered burglary tools if they are similar to the listed items and can be used for burglary.

Intent

“Intent” is a crucial element of the possession of burglary tools. According to California PC 466, you must have "felonious intent," meaning you intended to commit burglary. Penal Code 459 defines burglary as entering a structure or vehicle intending to commit a felony once inside.

Proving intent often relies on circumstantial evidence, which refers to facts surrounding your case that reasonably show guilt. For example, the police stop Mike for overspeeding. Upon searching Mike’s car with his consent, the arresting officer finds a picklock and a crowbar.

In this case, Mike cannot be charged with possessing burglary tools because there is no evidence to suggest he intended to commit burglary. However, if the search also uncovers items like a headlight, walkie-talkie radios, ski masks, black sweatshirts, and binoculars, these could be considered circumstantial evidence indicating Mike's intention to commit burglary.

Other Tools and Instruments

Penal Code 466 gives specific objects considered burglary tools and "other tools or instruments" similar to the listed items that can be used for burglary. This broadens the scope of what the law considers a burglary tool when prosecuting perpetrators.

For example, Jim faces a PC 466 violation charge. The police find him acting suspiciously next to the front door of a closed restaurant. Upon searching him, the police discovered a slingshot and a box cutter knife. During trial in court, the arresting officer testified that these items were similar to the objects listed in PC 466 and could be used for burglary. In this case, a jury could find Jim guilty of possessing burglary tools, even though his specific objects were not explicitly listed in the law.

Legal Defenses to California PC 466 Charges

Having burglary tools on your person or car while driving does not automatically subject you to a PC 466 conviction. Sometimes, the police could wrongly accuse you or illegally search you and find tools they think could be used for burglary. The law allows you to defend yourself in court with the help of an astute defense lawyer if you know you are not guilty of the charges the prosecution prefers against you. You can explore the following legal defenses to protect your rights and defend yourself in court:

You Had No Intention To Commit A Offense

As mentioned earlier, the prosecution must establish that you had "felonious intent," meaning the specific intention to commit burglary when you had the tools. Challenging this intent can create doubt about your guilt and potentially lead to a favorable outcome for your case.

You could demonstrate a lack of intent to commit burglary by providing evidence showing a legitimate and lawful purpose for possessing the tools. If you were found with items typically considered burglary tools, such as a crowbar and a picklock, you could present documentation or testimony to show your lawful reasons for having these tools.

For example, if you are a locksmith or a handyman, you may regularly use these tools at your workplace. Presenting evidence of your occupation, work records, or service invoices can support your claim that the tools were not intended for criminal purposes but for legitimate use.

The prosecution could use circumstantial evidence, such as your behavior or statements at the discovery stage, to prove your intent. For example, if the police stop you while carrying burglary tools, your statements and demeanor during the encounter can be used against you in court. If you cooperated with the law enforcement officers, calmly explained the purpose of the tools, and did not exhibit any suspicious behavior, it can strengthen your defense that you had no intent to commit a crime.

Alongside establishing a legitimate purpose, demonstrating your innocent actions leading to discovering the tools can bolster your defense. If there is a lack of pre-planned criminal activity or evidence suggesting that you were about to commit burglary, it supports the argument that your possession of the tools was innocent.

For example, if you were pulled over for a routine traffic stop and the alleged burglary tools were found in your vehicle, proving that you were merely commuting or had no plans to engage in criminal activity can work in your favor.

You Had No Burglary Tools

Before the court can find you guilty of a PC 466 violation, the prosecution must prove that you possessed a tool explicitly listed in the statute or an object similar to one. Challenging whether the items in question fall under the definition of burglary tools can be a strong argument in your defense.

The first step in this defense is understanding the items that qualify as burglary tools according to the statute. Penal Code 466 PC lists various objects, such as key bits, vise grip pliers, and "other tools or instruments," that can be considered burglary tools if they are similar to the ones explicitly mentioned.

In your defense, you can argue that the items discovered were innocuous and not intended for criminal purposes. For example, if you were found possessing tools such as vise grip pliers and a box cutter knife, you could present evidence or expert testimony showing that these tools are commonly used in various trades and professions, such as plumbing, carpentry, or even arts and crafts. Emphasizing their lawful applications can cast doubt on the prosecution's claim that they are burglary tools.

You could further strengthen your defense by emphasizing the distinction between possessing and intending to possess tools to commit burglary. As discussed earlier, intent is a critical element in the charges. You can argue that while you may have had the items in question, no criminal intent was associated with their possession.

For example, if you were stopped by the police while carrying tools typically associated with burglary, such as picklocks and tension bars, you can assert that you were not planning or attempting to use them for criminal activity. Evidence of your innocent actions and intentions can reinforce the defense that the items were not burglary tools in your possession.

Unreasonable Search And Seizure

The Fourth Amendment of the United States Constitution protects you from unlawful searches and seizures. If the police obtained the tools through an unlawful search, the evidence might be deemed inadmissible in court, significantly weakening the prosecution's case.

With the help of your criminal lawyer, you could mount a defense if you have a solid understanding of your Fourth Amendment rights. The Fourth Amendment prohibits the police from conducting searches and seizures without a proper warrant or a valid reason for lacking one. It protects your right to privacy and ensures you are not subject to arbitrary searches.

In your defense, you and your attorney can thoroughly examine the circumstances surrounding the search and seizure and pose the following questions:

  • Did the police have probable cause or valid reason to believe you were engaged in criminal activity, leading to the search?
  • Did you voluntarily consent to the search, or were you coerced or misled?
  • If there was a search warrant, was it lawfully obtained and executed? Were there any discrepancies or violations in its issuance or execution?

The exclusionary rule is a legal principle that may work in your favor if the evidence against you was obtained through an unlawful search and seizure. This rule states that any evidence obtained in violation of your Fourth Amendment rights must be excluded from the case. In other words, if the evidence was unlawfully obtained, it cannot be used against you in court.

Punishment, Penalties, and Sentencing for A PC 466 Violation

Possessing burglary tools in California is classified as a misdemeanor. Being convicted of this offense can lead to significant penalties, including the following:

  • Facing a jail sentence not exceeding six months.
  • You may be subject to a fine not exceeding $1,000.

Beyond the immediate penalties, a conviction for possessing burglary tools can have long-term consequences. A misdemeanor conviction will become a part of your criminal record, potentially affecting future employment opportunities, housing applications, and other aspects of your life.

A criminal record may also impact your eligibility for specific licenses or certifications. The exact penalties depend on the details of the case, any prior criminal history, and the discretion of the judge.

Immigration Consequences of a Penal Code 466 Conviction

Some criminal offenses can result in adverse immigration effects. So it is essential to understand how this specific charge may impact your immigration status. Certain crimes, known as aggravated felonies, can have severe immigration consequences, including deportation for non-citizens. However, possession of burglary tools is not classified as an aggravated felony under immigration law.

Therefore, a conviction for possessing burglary tools does not typically have direct immigration consequences. This means that the offense is not considered one of the crimes that can lead to deportation or render a non-citizen inadmissible.

Expungement of a California PC 455 Conviction

Expungement is a legal process that allows eligible individuals to have their criminal records cleared or modified, potentially providing a fresh start after their sentence. If convicted, you may have the opportunity to have your conviction expunged under certain circumstances.

You must meet the following conditions to be eligible for expungement:

  • You must have completed your sentence, including serving jail time, paying fines, and completing probation or parole.
  • You cannot face any current criminal charges or have been convicted of another offense after the conviction you seek to expunge.
  • There is typically a waiting period before you can apply for expungement. The length of this period varies based on the offense's severity and the case's specific circumstances.

You enjoy various benefits if you have a criminal record expunged. Once expunged, the conviction will no longer appear on most background checks, helping improve your employment prospects and housing applications.

Expungement can restore certain rights lost due to the conviction, such as the right to vote or serve on a jury. Having the conviction expunged can help improve your reputation and remove the stigma associated with a criminal record.

Note that expungement is not guaranteed, and the court has the discretion to grant or deny the request. Factors such as your behavior during probation, your rehabilitation efforts, and the nature of the offense can influence the court's decision.

Does A Penal Code 466 Conviction Affect Your Gun Rights?

California has strict firearm laws, and individuals with certain criminal convictions, especially felonies, may be prohibited from owning, possessing, or purchasing firearms. A criminal conviction can restrict your ability to own or possess firearms.

Generally, misdemeanor convictions do not automatically result in a complete loss of gun rights. But felony convictions can have significant consequences in this regard. If you are convicted of a felony offense related to burglary or another violent crime, your gun rights may be severely restricted or revoked.

Related Offenses To The Possession Of Burglary Tools

In addition to possessing burglary tools, there are several related offenses that individuals may face. Examples include:

Trespass, Per California Penal Code 602

Trespass occurs when you enter or remain on someone else's property without authorization or a legal right. For the charges to hold, you must have entered someone else's property, such as land, a building, or a structure, without authorization. You may have lawfully entered the property but refused to leave after being asked to do so by the property owner, an authorized agent, or a peace officer.

Trespass is a misdemeanor offense in California. The penalties include:

  • Up to six months in county jail.
  • A maximum fine of $1,000.

Certain aggravating factors, such as trespassing on agricultural land, can elevate the offense to a higher misdemeanor or even a felony in some cases.

Possessing Prohibited Weapons, Per California Penal Code 16590

Possession of prohibited weapons involves the manufacturing, selling, and possessing of particular dangerous weapons. For you to face conviction, the prosecutor must prove the following elements:

  • You must have knowingly possessed a prohibited weapon, including various dangerous items listed under California law.
  • The weapon you possess must fall under the category of "generally prohibited weapons" as outlined in the statute. These weapons may include brass knuckles, short-barreled shotguns, or other inherently dangerous devices.

Possession of prohibited weapons is considered a "wobbler" offense in California, meaning it can be charged as either a misdemeanor or a felony. Your specific charges depend on the circumstances of the case and the defendant's criminal history. The penalties for possession of prohibited weapons can include:

  • If charged as a misdemeanor, you could serve up to one year in county jail or pay a fine.
  • If charged as a felony, you could face imprisonment for up to three years and/or a fine.

Illegal Acts With Keys And Ignitions

Unlawful acts with keys and ignitions involve various offenses related to possessing burglary tools in California. Different sections of the Penal Code govern these offenses. Common elements of this crime include:

  • You must knowingly possess, manufacture, or sell keys or ignition devices to access or unlawfully operate certain vehicles or properties.
  • Your possession or use of the keys or ignition devices must be linked to the intent to commit a crime, such as stealing a vehicle or breaking into a property.

Find a criminal lawyer Near Me

At Los Angeles Criminal Lawyer, our primary goal is to offer individualized and devoted legal representation to those dealing with PC 466 charges. Our team comprises seasoned attorneys who deeply understand possession of burglary tools cases. We have honed our expertise in scrutinizing the distinctive elements of each case, vigorously contesting the prosecution's evidence, and building a powerful defense strategy tailored specifically to your circumstances.

If you or someone close to you is currently facing charges related to possessing burglary tools, we strongly encourage you to take prompt action and seek guidance from our experienced attorneys today. Call us at 310-502-1314 to schedule a complimentary consultation. We are here to provide the legal support and advice you need during this challenging time.