Can I Commit Burglary on a Car?
In California, burglary is defined as entering a structure with the intent to commit a crime. But what about breaking into a car? Vehicles are different from buildings or structures, so California created a specific law to address auto burglary. You could end up facing charges for auto burglary even if you did not steal anything from inside the car. Read on to understand what can be charged as burglary involving a vehicle.
Burglary on a Car Requires Further Criminal Intent
Just like standard burglary, California’s auto burglary law criminalizes only those break-ins where you intend to commit another crime. A California prosecutor seeking to convict you under the car burglary law must prove that you:
- Broke into a vehicle; and
- Intended to commit either theft or another felony by breaking into the vehicle.
The subsequent crimes that could lead to you being convicted of auto-burglary include:
- Stealing the car itself;
- Stealing any property from within the vehicle; or,
- Any other felonies.
For example, if someone locked themselves in their car and you break-in so that you can stab them with a knife, you might face charges for auto burglary (among other offenses).
You Do Not Need To Actually Commit Another Crime
Any burglary involving a car does not require that you commit the subsequent crime. It only criminalizes intent. So, if you break into your neighbor’s truck to steal their laptop only to find out they took their computer into their house, that is still auto burglary. The fact you did not successfully complete the theft or other felony does not mean you did not commit the crime.
Another point regarding auto burglary is that the vehicle must be locked. The California law only criminalizes breaking into a locked car or its trunk. Of course, stealing property out of an unlocked vehicle is still a crime, but you will not face auto burglary charges as well.
The law also says it is only a crime to “enter” into a vehicle with the intent to steal or commit another felony. However, you cannot defend yourself from a burglary of a car charge by claiming your whole body did not enter the car. It is a crime so long as some part of your body or an item in your control enters the car. This means breaking a window and reaching in to grab a phone on the passenger seat can be charged as a burglary.
Penalties for California Auto Burglary
Burglary of a car can be charged as either a misdemeanor or a felony in the state of California. Misdemeanor charges carry a maximum sentence of one year in county jail, and felony charges can lead to between 16 months and three years in jail.
However, if you break into is a recreational vehicle that someone is living in, you can be charged with first-degree burglary. Under state law, all burglaries of a ‘residence’ are considered first-degree. Therefore, because an occupied RV can count as a residence, this type of auto burglary can be charged as a first-degree offense. The penalties available for first-degree burglary range from two to six years in state prison.
Are you facing auto burglary charges in Costa Mesa, California? Contact the Chambers Law Firm today to discuss how to fight against a conviction. Call us at 714-760-4088 or email dchambers@clfca.com to request a free consultation with an experienced criminal defense attorney.
