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Auto Burglary

Auto Burglary Laws in California - Penal Code 459 PC

In California, auto burglary is defined as entering a locked automobile or its trunk with the intent to steal the car, steal property contained in the car, or commit any other felony inside the vehicle. Depending on the facts of the case, this offense can be filed as a misdemeanor or a felony.

This legal term, known as a 'wobbler,' indicates that the severity of the charge can 'wobble' between a misdemeanor and a felony, making it crucial to seek legal representation.

Auto burglary is codified under California Penal Code 459 PC and is commonly known as car burglary or vehicle burglary. It's considered a second-degree burglary and involves illegally entering a vehicle with the intent to commit petty theft or grand theft.

California Penal Code 459 PC Auto Burglary
Penal Code 459 PC defines auto burglary as illegally entering a vehicle with the intent to commit petty theft or grand theft.

PC 459 auto burglary says, "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."

The legal definition of auto burglary revolves around two primary elements of the crime. In other words, you are not guilty of auto burglary unless you entered a locked vehicle, and when you entered the vehicle, you intended to commit a California felony or the crime of petty theft.

PC 459 specifically states that the doors to the car or trunk must be locked. Thus, you must alter the vehicle's physical condition by somehow breaking into it to be guilty of the offense of auto burglary. Some common ways include smashing the window or using a screwdriver to break open a locked car trunk.

So, whether the vehicle's doors were locked is a crucial element of an auto burglary charge. Suppose the trunk was locked, and you have stolen something from it. In that case, it will be considered a locked car as well.

You enter a car if any part of your body goes inside it or if some object under your control enters it.  In other words, you do not have to actually open the door and get your entire body into the vehicle to commit PC 459 auto burglary. Just reaching in through a window or inserting an object counts.

An important part of the legal definition of automobile burglary law is intent to commit a California felony or theft, such as grand theft auto or grand theft, which is stealing something inside the car worth more than $950.

In this context, 'Intent' means that the individual had the conscious objective or desire to commit the crime. Petty theft is defined as stealing something with a value of $950 or less.

Notably, even if you could not successfully steal anything inside the vehicle or commit a felony after entering the vehicle, you could still be found guilty if it can be proven you had the intent to do so. These types of criminal charges often result in an additional charge of vandalism.

Related Auto Burglary Offenses

  • Penal Code 487(d)(1) PC - grand theft auto. One of the main reasons to break into someone's car is to steal it. Thus, grand theft auto is often charged along with the crime of auto burglary, a wobbler that is typically prosecuted as a felony crime.
  • Penal Code 487 PC - grand theft. This crime is defined as stealing someone else's property when that property is worth $950 or more and taken directly from the possession of the owner.
  • Penal Code 484 PC - petty theft. This crime involves taking someone's property valued at less than $950, a misdemeanor. You could face charges of auto burglary and petty theft if you steal personal property inside a car.
  • Vehicle Code 10852 VC - tamper with a motor vehicleYou could face criminal charges of tampering with a vehicle if you willfully tamper with a vehicle or the contents or break or remove any part of the vehicle.
  • Penal Code 465 PC - unlawful entry of a vehicle. This crime involves forcible entry of a vehicle with the intention to commit theft or any felony inside the vehicle. Notably, there is no requirement that the vehicle is locked like there is with auto burglary. This crime is a wobbler that can be filed as a misdemeanor or a felony.

What are the Penalties for Auto Burglary?

California auto burglary is typically a second-degree burglary, which is a wobbler that can be filed as a misdemeanor or felony, depending on the circumstances of the offense and your criminal history, that carry the following penalties:. 

  • If you are convicted of auto burglary as a misdemeanor, you will face up to one year in county jail and a fine of up to $1,000.
  • If you are convicted of auto burglary as a felony, you will face jail time of 16 months, two or three years.

Suppose you break into a trailer coach, such as a recreational vehicle (RV) that is inhabited, which means somebody lives there, with the intent to commit a felony or theft. In that case, you might have committed first-degree burglary, a felony that carries two, four, or six years in a California state prison.

Fortunately, suppose you are convicted of a felony crime. In that case, you might be eligible to reduce your felony to a misdemeanor pursuant to California Penal Code 17(b) PC after successfully completing probation. This reduction can significantly impact the severity of your sentence and your future opportunities, making it a crucial legal strategy to consider.

What are the Legal Defenses? 

If you have been accused of auto burglary, our California criminal defense attorneys could use a variety of legal strategies on your behalf. These potential legal defenses include the following:

  • No intent to commit a felony. The prosecutor has to be able to prove you had a specific intent to commit a theft crime or other felony. In some cases, our lawyers might be able to prove there was no intent to commit the auto burglary offense.  Maybe the car door was unlocked, or the windows were left open, or there was no forced entry.
  • False identification. In some cases, we might be able to prove that you were falsely identified as the person who committed this crime. It's not uncommon for a witness to falsely identify someone, especially at night.
  • Insufficient evidence. Depending on the circumstances, our criminal lawyers might be able to successfully challenge the prosecutor's evidence against you in your auto burglary case. For example, we might be able to show inconsistencies or weaknesses in their evidence. If we can create reasonable doubt, there is a chance to avoid a conviction. 

If you are under criminal investigation or have already been charged with auto burglary, contact us to review the details of the case.  We have decades of combined experience and know how the prosecutor will attempt to build a case against you to secure a conviction. Our California criminal defense law firm, Eisner Gorin LLP, is based in Los Angeles.

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