California Auto Burglary Laws and Penalties

In California, auto burglary is defined under Penal Code Section 459. Breaking into a locked vehicle with the intent to commit a theft or any felony is considered auto burglary. It doesn’t matter if the vehicle’s windows were broken or if other methods, such as possession of burglary tools, were used to gain entry.

What Is the Difference Between Burglary and Theft?

Burglary, theft, and grand theft are terms that are often used interchangeably but have different legal definitions and implications.

Burglary refers to the act of unlawfully breaking and entering into a structure, residence, or vehicle with a specific intent to commit theft or another felony inside. For example, assume that John breaks into a car to steal a laptop. He has committed both theft (by taking the laptop) and burglary (by breaking into the car with criminal intent).

On the other hand, theft solely focuses on the act of taking someone else’s property without their consent. An illustration of this would be if Sarah, while at a coffee shop, snatches an unattended phone, intending to keep it. This act qualifies as theft without any need for breaking in or use of force.

Diving deeper, grand theft is a more serious form of theft where the value of the stolen property surpasses a specific threshold set by jurisdictions. Grand theft is defined as stealing property valued at more than $950.

However, there are some exceptions to this rule. For example, stealing a firearm, a car, or a horse is always considered grand theft, regardless of the value. Also, stealing certain agricultural products, such as fruits, nuts, shellfish, or aquaculture products, is grand theft if the value exceeds $250.

Grand theft is a wobbler offense in California. This means it can be charged as either a misdemeanor or a felony, depending on the case’s circumstances and the defendant’s criminal history. The maximum penalty for misdemeanor grand theft is one year in county jail, while the maximum penalty for felony grand theft is three years in county jail. However, if the grand theft involves a firearm, the penalty is increased to 16 months, two years, or three years in state prison.

Is Auto Burglary a Felony in California?

Auto burglary is a form of second-degree burglary in California. Depending on the prosecutor’s choice and the case’s circumstances, it can be charged as either a misdemeanor or a felony.

Some factors that may influence the decision to charge auto burglary as a felony include:

• The value of the property stolen or damaged in the car;
• The criminal history of the defendant;
• The presence of aggravating factors, such as a weapon, violence, or gang involvement.

If auto burglary is charged as a felony, the potential penalty is imprisonment in the county jail for 16 months, two years, or three years. If auto burglary is charged as a misdemeanor, the potential penalty is imprisonment in the county jail for up to one year.

However, auto burglary is not simply breaking into a locked car. It also requires the intent to commit a theft or a felony inside the car. For example, if someone breaks into a car to steal an iPad, that is auto burglary. However, if someone breaks into a car to sleep or take shelter, that is not auto burglary.

Therefore, some possible defenses to auto burglary charges are:

• The car was not locked;
• The defendant did not intend to commit a theft or a felony inside the car;
• The evidence against the defendant is insufficient or unreliable.

Can I Be Charged With Additional Crimes?

Being charged with auto burglary doesn’t mean that’s the end of potential legal troubles. Based on the details and circumstances of the crime, you could face supplementary charges that come with their own set of legal consequences.

For instance, during the investigation or arrest, law enforcement discovers that you have tools commonly used for breaking into vehicles, like slim jims, lock picks, or even certain types of crowbars. If that is the case, you could be charged with “possession of burglary tools.” To prove this charge, prosecutors would need to show not just that you possessed these tools but also had the intent to use them for illegal purposes. The mere possession of a tool isn’t enough; context matters.

For example, a locksmith might have tools that can be used for burglary, but if they’re being used for legitimate business purposes, they won’t lead to additional charges.

The value of the items stolen from the vehicle can also elevate the crime’s severity. If, during the auto burglary, you take items of significant worth—say, a high-end laptop, luxury handbags, or expensive jewelry—this could escalate the charges from simple theft to grand larceny. To successfully press for grand larceny charges, the prosecution would need to establish that the stolen goods exceed a certain monetary threshold, which varies by jurisdiction. Evidence would typically involve providing receipts, appraisals, or other forms of valuation for the stolen items.

While the core charge might be auto burglary, the circumstances surrounding the event, the tools you have on your person, and the value of stolen items can compound your legal situation.

Is There a Statute of Limitations on Burglary?

The statute of limitations for misdemeanor burglary is one year, meaning that the prosecutor must file charges within one year of the date of the offense. The statute of limitations for felony burglary is three years, meaning that the prosecutor must file charges within three years of the date of the offense.

However, if the burglary involves a residence, the statute of limitations is six years, meaning that the prosecutor must file charges within six years of the date of the offense. This is because burglary of a residence is considered a more serious crime than burglary of a commercial structure or a vehicle.

There are some exceptions and extensions to the statute of limitations, depending on the specific facts of the case. For example, the statute of limitations may be paused or tolled if the suspect is out of state, in hiding, or in prison for another offense. The statute of limitations may also be extended if the burglary involves additional complexities. These include fraud, embezzlement, or breach of trust, which have a four-year statute of limitations.

Furthermore,, the statute of limitations may not apply at all if the burglary is connected to a crime that has no statute of limitations, such as murder, rape, or treason.

A knowledgeable California lawyer, well-versed in such cases, can be a valuable ally. They can provide insight into the specific nuances of the state’s laws, the potential defenses that could be available to you, and the broader legal landscape concerning auto burglary.

Do I Need a Lawyer for Help With an Auto Burglary Charge in California?

If you find yourself in the challenging position of facing auto burglary charges in California, securing legal representation should be a top priority. An attorney ensures that your rights are consistently upheld and that you’re given a fair opportunity to defend yourself.

If you or someone you’re acquainted with is dealing with auto burglary charges, it’s wise to reach out for legal help immediately. LegalMatch can connect you with an experienced California criminal lawyer, ensuring that you have the best possible defense at your side.