![]() ![]() ![]() A skilled attorney may be able to show that you had no intent to commit these crimes. The prosecution must prove that you had intent to commit theft or other felonies. If you are charged with auto burglary, an experienced attorney may be able to raise several successful defenses on your behalf. Defenses to Auto Burglary Have you been arrested for auto burglary? When you entered the locked vehicle, you intended to commit theft or one or more felonies.Įven if you were unable to successfully steal the vehicle or commit another felony after entering the vehicle, you may still be found guilty if a jury finds that you had the intent to do so.In order to convict you of auto burglary, the prosecution must prove the following beyond a reasonable doubt: If you are charged with auto burglary under PC 459, the prosecution must prove several elements in order to convict you of this crime. However, if you are convicted of felony second degree burglary, you face a sentence of 16 months, two or three years in county jail (see PC 1170(h)). Pursuant to PC 461(b), if you are convicted of misdemeanor second degree burglary, you may be punished by imprisonment in county jail for a maximum of 364 days. PC 460(b) defines auto burglary as burglary of the second degree, which can be charged as a misdemeanor or felony. Stealing headlamps, windshield wipers, or hubcaps on a vehicle can be considered an act of theft, auto tampering, and/or vandalism. For example, if you purposely slash the tires of another person’s vehicle without their permission, you may be convicted of tampering with a vehicle. Under the California Vehicle Code 10852, you may be charged with tampering with a vehicle if you willfully injure or tamper with any vehicle or the contents thereof or break or remove any part of a vehicle without the consent of the owner. Under PC 663, if you do not satisfy all of the elements of burglary, you may still be charged with attempted burglary if you had criminal intent (for example, if you were unable to enter into a locked vehicle as a result of the car alarm setting off). If you are convicted of looting, you face a sentence from 364 days to three years in county jail.Īttempted Burglary. Looting is deemed a more severe criminal offense than burglary due to the circumstances surrounding the act. Under California Penal Code 463, looting is defined as violating PC 459 during an earthquake, flood, riot, or other natural or man-made disaster. If you are arrested for auto burglary during a state of emergency, you can be charged with the crime of looting. Other Offenses Related to Auto Burglary Punishment for auto burglary and other related crimes is severe If you enter a vehicle with the intent to steal a wallet with up to $950 inside it, you may be charged with petty larceny in addition to auto burglary. Petty larceny – Under PC 490, petty larceny (or petty theft) is generally when the value of the money, labor, real or personal property taken does not exceed $950. If you enter a vehicle with the intent to steal it, you may be charged with grand larceny in addition to auto burglary. Grand larceny is also committed when the property taken is an automobile (see PC 487(d)(1)). ![]() Grand larceny – Under the California Penal Code Section 487, grand larceny (or grand theft) is committed when the money, labor, or real or personal property taken is of a value exceeding $950. Thus, there must be evidence of forced entry for an act to be considered auto burglary. Locked – Under California law, a vehicle is locked when there is evidence of forced entry. Bicycles, train cars, scooters, skateboards, and other non-motorized devices which are not allowed on highways are not considered vehicles. Automobiles, trucks, motorcycles, electric cars, and other devices applicable to this definition are considered vehicles for purposes of California law. Vehicle – Under the California Vehicle Code 670, a vehicle is defined as a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved exclusively by human power or used exclusively upon stationary rails or tracks. Key Terms Defined Under California Auto Burglary Law Thus, if you are charged with auto burglary, you can also be charged with grand or petty larceny or any felony crime. Auto Burglary – California Penal Code 459 PC Have you been charged with auto burglary under California Penal Code 459 PC?Īuto burglary is defined under California Penal Code 459 as entering any vehicle when there is evidence of forced entry, with the intent to commit grand or petty larceny or any felony. ![]()
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