California Auto Burglary Criminal Defense Lawyers

Our California theft crimes defense attorneys are located throughout California. We have local law offices in Los Angeles, San Bernardino, Riverside, Newport Beach, and all surrounding counties.

California Law of Auto Burglary

Auto burglary is punished under California’s Burglary Law: Penal Code 459 PC. You can be convicted of this offense if you enter a locked automobile or its trunk with the intent to

Although it would seem that any evidence of a "break in" would lead to an automatic conviction, that is certainly not the case.

Your Los Angeles criminal defense lawyer will explore false accusations and/or misleading evidence in an effort to have your charges reduced or dismissed. Similarly, California theft offenses like auto burglary may hinge on technicalities. This means that many times the prosecuting agency simply can’t prove their case beyond a reasonable doubt.

What Does it Mean to "Enter a Locked Car"?

Despite common misperception, a traditional California burglary doesn’t necessarily involve a "break in". However, a California auto burglary does.

California Penal Code 459 PC specifically states that the doors to the car (or trunk) must be locked…you must alter the car’s physical condition before you can be convicted of this offense. This can be accomplished by smashing a window or by simply reaching into an open window to unlock the door without the owner’s permission.

Simply put, breaking a seal, using pressure, or disengaging a lock without the owner’s permission may result in a California auto burglary conviction.¹

Whether the doors were locked is the key to this charge. This is because the legislature wanted "to make it a more serious offense to break into the interior of a car than to merely steal something from it".²

For example, California courts have held that even absent signs of forced entry, an auto burglary victim's testimony that he habitually locks his car was sufficient evidence to sustain a conviction.³ Similarly, the courts have held that where there was broken glass evidencing a forced entry, absent testimony that the doors were actually locked, the defendant couldn’t be convicted of this offense.⁴

*It should be noted that if the doors aren’t locked, Penal Code 602 trespass, or vehicle tampering charge could alternatively be filed..

Finally, the intended theft or other felony doesn’t need to be carried out in order to be convicted of this charge. Once the illegal entry takes place, a California auto burglary has allegedly been completed.

What are the Defenses to a California Auto Burglary Charge?

Depending on the circumstances of your particular case, there are a variety of defenses that your Los Angeles criminal defense lawyer could present on your behalf.

The Vehicle Wasn't Locked

This defense is critical, since the doors or trunk must be locked to be convicted of burglary of an automobile in California. For example, even if you "popped" a locked trunk by opening an unlocked door and pulling the latch, you may be acquitted of this charge.

This is why we say that the technicalities involved with this offense are complex. It bears repeating that a California auto burglary arrest does not necessarily have to result in a California auto burglary conviction!

You Didn't Intend to Steal

Your intent is also vital. If you didn’t have the intent to steal or to commit another felony once inside the car, you can’t be convicted of a California auto burglary. It should be noted, however, that the alleged intended theft or other felony doesn’t need to be carried out in order to be convicted of this offense. For example, you may break into a car intending to steal money...but walk away empty-handed when you don't find any money inside. This still amounts to auto burglary.

That said, it is certainly more difficult for the prosecution to prove that you are guilty of this offense if that crime wasn’t completed.

False accusations, misleading evidence, and shoddy police work often provide the basis for reduced or dismissed charges as well.

Penalties, Punishment, and Sentencing for Auto Burglary under California Law

California law defines automobile burglary as second-degree burglary. Second-degree burglary is a wobbler, which means that depending on (1) the circumstances of the offense, and (2) on your criminal history, you could be charged with California auto burglary as a misdemeanor or a felony.

If you are convicted of California auto burglary as a misdemeanor, you face up to one year in a county jail. If you are convicted of California auto burglary as a felony, you face 16 months, or two or three years in the California State Prison.

Related Offenses

If you employ force, violence or threats to steal a car from someone's immediate possession, you could be charged with Penal Code 211 Robbery and Penal Code 215 Carjacking. If you take possession of a car you know to be stolen, Penal Code 496 Receiving Stolen Property can be charged. And if you fail to return a vehicle entrusted to you, a California embezzlement charge can be imposed.

For more information or to discuss your California auto burglary charge, please don’t hesitate to contact us. We have local criminal law offices in Rancho Cucamonga, Van Nuys, Beverly Hills, Palm Springs, San Francisco, and all surrounding California cities.

Legal References:

¹In re Young K., (1996) 49 Cal.App.4th 861 ("The requirement of locking as an element of vehicular burglary has been interpreted to mean "that where a defendant 'used no pressure,' 'broke no seal,' and 'disengaged no mechanism that could reasonably be called a lock,' he is not guilty of auto burglary.")

²People v. Toomes, (1957) 148 Cal.App.2d 465

³In re Charles G., (1979) 95 Cal.App.3d 62 (Held that testimony from the car’s owner that it was his habit to lock his car was sufficient to sustain requirement that the doors to the vehicle were locked.)

⁴People v. Burns, (1952) 114 Cal.App.2d 566 ("The fact that the windwing was broken and glass was on the front seat was not proof that the doors of the Buick were locked, and an inference could not be drawn from that fact that the doors were locked.")

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