Possession of burglary tools does not seem like a severe offense, but in California, it is considered a severe crime under PC 466. If arrested, you could face misdemeanor charges. California law has provisions for whether you are found with a screwdriver in your car or any other object that can be used in breaking into a property.
If you are charged with possession of burglary tools, then you should seek the services of an experienced criminal defense lawyer. Your attorney can explain the defense process to you in simple terms and assist you in achieving the most favorable outcome for your case.
An Overview of Penal Code 466
Possession of burglary tools is governed by Penal Code Section 466. Under this code, you are likely to be charged with a crime if you knowingly and unlawfully possess burglary tools with intent to commit a burglary offense.
Elements that a Prosecutor Must Prove
A prosecutor must prove certain elements of the crime beyond a reasonable doubt to convince the judge that you violated Penal Code 466:
- Knowledge of Possession: The prosecutor has to prove that you knew that you had the burglary tools with you. This means that you knew you had burglary tools in your possession and were aware they were prohibited.
- Possession of Burglary Tools: The things you are in possession of must be of a nature that they could be used as burglary tools. Under PC 466, these items are usually implemented or meant to be employed to break into buildings or vehicles.
- Criminal or Felonious Intent: The prosecution must prove that you had the intention of using the tools to help you commit a crime. It is not enough to be in possession of these tools; the law demands that you have the intention to use them in committing burglary or any other crime.
Meaning of Burglary Tools
Under California law, any object that can be used to force entry or to tamper with locks is considered a burglary tool, regardless of whether it is a screwdriver or a wrench found in every home. According to Penal Code 466, some of the tools considered burglary tools include crowbars, screwdrivers, lockpicks, slim jims, master keys, and pliers.
Household items such as hammers, coat hangers, and pliers can also be considered burglary tools if used or possessed with criminal intent. Therefore, to be considered a burglary tool, there must be the factor of what you intend to do with the tool in your possession.
Definition of Possession
In California, possession does not mean physical control of an object with your hand or body part. The law has different ways of explaining possession, particularly in relation to burglary tools under Penal Code 466.
If the burglary tool is on your person, for example, in your pocket, backpack, or within your easy reach, you are in actual possession. If a screwdriver or crowbar is found in your bag and you are close to a crime scene, it is enough for you to be arrested and charged with PC 466 violation.
You are said to have constructive possession if the burglary tools are in an area that you have control over, such as in your house, car, or even in a store. For example, James has tools in the boot of his car, and the circumstances surrounding the tools are that they will be used in an unlawful act. Here, James will be arrested because he is in constructive possession of burglary tools.
Another way to define possession under Penal Code 466 is through joint possession, where more than one person is handling burglary tools. If both you and your friend are in possession of the tools, or if you are caught together with the burglary tools, both of you will be charged with violation of Penal Code 466.
When Possessing Burglary Tools is Considered a Crime
Possessing burglary tools in itself is not a crime because one could be using them for their workmanship business. However, there are certain circumstances in which being in possession of a burglary tool is considered a crime. These circumstances include the following:
You had a Criminal Intent While Being in Possession of Burglary Tools
There must be an element of intention to use the tools in your possession to commit illegal activities. This means you had to have planned to use the tools for a crime, such as breaking and entering a building. When there is no proof of such intent, obtaining a conviction in court becomes very difficult.
At other times, it may be proved by evidence where you had expressed or demonstrated what you intended to do with the burglary tools in your possession. For example, in a conspiracy to commit a robbery, if you were arrested with burglary tools, you are likely to be convicted because they are proof of your intentions.
For example, Beatrice is pulled over by traffic police for overspeeding. The law enforcer asks to search her car, to which she agrees. The traffic police find ski masks, walkie-talkie radios, binoculars, a black set of sweatpants, a crowbar, a picklock, and a sticker written “Gold necklaces in house number 2 Alberan Avenue. Here, Beatrice has not yet committed burglary but will be arrested because she had the intention to commit a crime while being in possession of tools considered burglary tools.
In the absence of direct evidence, the prosecution may rely on circumstantial evidence to conclude the existence of intent. This may include the circumstances under which the tools were recovered, such as whether they were hidden in a place known for frequent criminal incidents.
The Prosecution Can Infer Felonious or Criminal Intent from Items in Your Motor Vehicle
In some circumstances, it can be challenging to establish the intent to use burglary tools for a crime. For such cases, your intention can be deduced from the context in which the burglary tools were recovered, particularly if they are in your car.
If your car is parked in a compound or area that is well known to have cases of burglaries. The police may also point to the fact that if they find tools used in burglaries inside your car, this may be considered evidence enough that you intend to engage in criminal activity.
The actual location and the time the discovery is made are critical factors that define how intent is deduced. It is not enough to have these tools; what is crucial is how and where they were obtained.
It is not just about having a screwdriver or a crowbar; if you possess other things, such as gloves, masks, or even a map of the area, while being in possession of burglary tools, then the prosecution will argue that the presence of these items proves that you intended to break into somewhere and commit a crime.
Also, if you were loitering around or appeared to be observing a building, this could increase suspicion. Any act that may be interpreted to show that you were expecting intruders can be used to deduce premeditation.
Additionally, if you have a criminal record, especially if you have been convicted for similar offenses, this may work against you. Such a history of burglary only strengthens the argument of the prosecution that you must have intended to use those tools for unlawful purposes this time as well.
You Could Also Be Convicted of Possessing Burglary Tools on Circumstantial Evidence
Direct evidence is not always necessary to convict someone of possession of burglary tools under Penal Code 466. The prosecution will often consider circumstantial evidence in PC 466 violation cases. Circumstantial evidence refers to evidence that points to criminal conduct without directly pointing to it.
For example, if you were caught around a recently broken-in house and you were carrying burglary tools, it would be presumed that you were involved despite nobody witnessing you in the act. The prosecution can use such inferences in its line of argument.
Another circumstance is when you possess tools linking you to a specific crime. If there is no rational justification for why you had those tools in that specific place, a jury could easily conclude that you had a criminal intent of using them.
The prosecution could also use circumstantial evidence to build a case against you. For example, if John is walking along a street at a crime scene, he has picklocks and a ski mask. The police then stop him and arrest him after finding him with burglary tools. Here, the police arrested John because he had burglary tools close to the crime scene. They will claim he was preparing to break into someone’s house, even if no evidence supports it.
Penalties for Penal Code 466 Violation
If convicted of possessing burglary tools, you could face up to six months in jail. Nevertheless, you may be sentenced to serve probation in lieu of jail time. For a first-time offender, you could be ordered to pay a fine of up to $1,000 as part of your punishment.
Also, the court may sentence you to probation instead of jail time. This comes with some conditions you must adhere to, including attending correctional classes, refraining from criminal conduct, and making regular appointments with the probation officer.
You should note that if your possession charge is linked to burglary or other theft-related offenses, you may be charged with other felonies and thus receive severe consequences.
Legal Defenses for Penal Code 466 Violation Accusations
No Intent
Ownership of a tool in itself is insufficient to warrant a judge to convict you. The prosecution has to convince the court that not only did you possess the tools but also had a plan of using them in the commission of a burglary or any other unlawful act.
Just because you possess a screwdriver or a crowbar and intend to use it, for example, to fix your car or move tools does not make you a criminal. The absence of criminal purpose is a strong defense that your lawyer could employ during your hearing.
If you are capable of proving that you had the tools for legal purposes, such as for the purpose of making some repairs, this may eliminate the grounds for the prosecutor’s allegations of felonious intent.
The Items in Your Possession were Not Burglary Tools
Your lawyer could argue on your behalf by claiming that the items found in your possession were not necessarily burglary tools. Objects such as a pair of pliers or a hammer used daily could be misinterpreted, especially if they are found in a location or circumstance that suggests they could be used to access another person's house unlawfully.
Your attorney should represent you in court and defend you by arguing that the items were everyday tools used for legitimate purposes and not altered for unlawful breaking.
The Police Conducted a Search Without a Valid Warrant
An unlawful search and seizure defense is usually effective when fighting charges related to possession of burglary tools if the police acted unlawfully. If the police infringed on your Fourth Amendment rights during the search or seizure, your defense lawyer can file a motion to suppress evidence. If the court finds that the police conducted a search without a valid warrant or any probable cause, the evidence, which could include items alleged to have been used in the burglary, may be dismissed in open court. This may result in the acquittal of your charges.
Find a Long Beach Defense Lawyer Near Me
Being charged with possession of burglary tools under Penal Code 466 is a serious offense in California, and the consequences can be life-altering. If you are charged with possession of burglary tools, it is essential to learn more about the components of the crime, the available defense mechanisms, and the consequences that may arise in the future. The legal process is not always easy, and without the proper defense, you can be convicted.
At Long Beach Criminal Attorney, we focus on criminal defense matters and have experience handling cases of possession of burglary tools. Our legal team is made up of skilled attorneys who know how to put up a proper defense and attack the prosecution’s case for a possible positive outcome.
If you or a loved one is charged with possession of burglary tools, do not hesitate to call us today at 562-308-7807 to set up a meeting with a skilled and knowledgeable defense lawyer.