Instruments of crime are any items that are specially made or adapted for use in a crime. In other words, they are objects that are commonly used for criminal purposes.
An instrument of crime that may sometimes be referred to as derivative contraband. Examples of instruments of crime may include, but are not limited to:
- Lock picking devices;
- Firearm or other illegal weapon;
- Drill bits;
- Screwdrivers or other tools;
- Controlled substances;
- Drug paraphernalia;
- Bolt cutters;
- Hammers;
- Explosives;
- Master keys;
- Crowbars;
- Prying devices; or
- Ceramic spark plugs.
What is considered to be a criminal tool depends on the laws of the state. These laws regarding what constitutes possession of criminal tools may vary by state.
Certain criminal acts, including burglary, may require tools, referred to as burglary tools, to complete the crime. An individual who possesses these tools may be charged with a crime.
What Are Burglary Tools?
Burglary tools are tools or devices that are used to help an individual commit a burglary. These types of tools are illegal to possess with the intent to engage in a burglary, known as burglar’s tools or burglar tools.
Burglary is defined as breaking and entering in a building or structure with the intent to commit a crime inside. Breaking and entering is often defined similarly to unauthorized entry, depending on the jurisdiction.
Burglary tools enable an individual to enter a residence or building forcefully.
What Are Examples of Burglary Tools?
Burglary tools are defined differently in each state. However, the commonly include:
- Crowbars, slim jims, and other invasive tools;
- Lock picks and other devices for unlocking and decoding locks;
- Hand tools such as screwdrivers, pliers, hammers, and other typical hand equipment;
- Ropes used for climbing;
- Items work to conceal the perpetrator’s identity or fingerprints, such as:
- masks;
- gloves; or
- other clothing;
- Torches and thermal lances or other heavy-duty equipment capable of burning through concrete, steel, and other solid materials; and
- Explosives such as dynamite or gunpowder.
It is important to note that several of the items on the list of potential burglary tools are normal, everyday objects that most individuals own and use regularly. The individual’s intent in possessing these types of tools can transform them into a burglary tool.
If it is evident that the individual intends to use the tools for a crime, they may be charged with possession of a burglary tool.
How Is Intent to Commit a Burglary Determined?
In order for an individual to be prosecuted for possession of burglary tools, they must have the intent to commit a burglary. When evaluating whether an individual intended to commit robbery, a court typically examines the totality of the circumstances.
The element of intent is established when the individual took all of the required measures for the crime to be committed and intended for the act to be accomplished.
When determining whether an individual intended to commit a burglary, the court may examine:
- The defendant’s attire at the time of possession;
- The defendant’s location and the time of day;
- The type of building or structure where the defendant was discovered; and
- Whether the defendant had any other equipment or items that might indicate a burglary.
Previous remarks or documents by the defendant, such as, “I’m going to rob that store next week,” may also be used to show the crime.
What Are the Legal Penalties for Possession of Burglary Tools?
Depending on the legislation in a jurisdiction, possession of burglary tools may be considered a misdemeanor or a felony offense. A misdemeanor conviction may result in up to a year in jail and criminal fines.
A felony conviction carries harsher penalties, including a prison sentence of more than 1 year or larger criminal fines. It is important to note that possession of burglary tools is a separate offense from burglary.
For the same offense, an individual may be prosecuted for both burglary and possession of burglary tools. This means that a burglary that is committed with burglary tools can be punished more severely than a burglary performed without them.
Common burglary crime penalties include:
- Incarceration: The length of incarceration will vary depending on whether the crime was a misdemeanor or a felony as well as whether it was a state or federal crime;
- Probation: If the offender served a jail or prison sentence, they would almost certainly remain on probation for a period of time once the sentence was completed;
- Fines: The amount of the fine is determined by the nature and severity of the offense as well as the worth of the tools in the person’s possession; and
- Restitution: An individual found guilty of possessing burglary tools may also be held accountable since they contributed to the crime and may be required to compensate the victim for the amount of loss caused.
When Can Someone Be Guilty of Possessing an Instrument of Crime?
Possession of instrument of crime charges may arise in many different circumstances. In general, in order to be found guilty and later punished for this offense:
- The perpetrator must have had direct physical control over the instrument of crime;
- The perpetrator must have had the intent to use the instrument of crime in a criminal activity; and
- The instrument of crime cannot serve a lawful purpose under the circumstances.
What Does the Prosecutor Need to Prove to Find Me Guilty of Possession of Criminal Tools?
There are some states that make possessing criminal tools a crime under certain specific circumstances. The prosecution must prove three elements to show the defendant is guilty of possession of criminal tools, including:
- The defendant had direct physical control of the criminal tool;
- The defendant had the intent to use the criminal tool during criminal activity such as trespassing or burglary; and
- The criminal tools do not serve a lawful purpose in the specific situation.
Is Possession of Criminal Tools a Felony?
No, possession of criminal tools is a misdemeanor offense. An individual who is found guilty of possession of criminal tools may receive a punishment that ranges from probation to jail time and community service.
Whether an individual is charged with possession of criminal tools may depend on the charge. For example, in certain jurisdictions, the intent to commit burglary is required for an individual to be charged with possession of criminal tools.
What Punishment Can I Face for Possession of Criminal Instrument?
Possession of an instrument of crime is typically a misdemeanor offense. Because of this, an individual who is found guilty may face criminal punishment, including:
- Jail time, ranging from 3 days to 5 years;
- Fines, ranging from $500 to $10,000;
- Community service;
- Forfeiture of the property;
- Parole or probation; or
- Loss of driver’s license.
In general, these punishments do not take into account an individual’s previous criminal history. Because unlawful use of criminal instruments is typically associated with a repeat criminal offender, their punishment may be harsher because of a violation of their parole or probation agreement.
Do I Need an Attorney if I Am Charged with Possessing an Instrument of Crime?
If you have been charged with possession of an instrument of crime, possession of criminal tools, or possession of burglary tools, it is important to consult with a criminal defense lawyer as soon as possible. Your attorney can explain the laws in your jurisdiction and represent you in court.
