What Is a Burglary Tool Under California Criminal Law?

Punishment for this crime includes potential jail time and a fine of up to $1,000.

What Is a Burglary Tool Under California Criminal Law?

Most people believe that in order to be charged with a crime, you must have actually committed a crime. However, as a Santa Ana criminal defense attorney can explain, there are some California crimes that you can be charged with even if you didn’t actually do anything wrong.

One such crime is possession of a burglary tool — but only if you have the tool with the intent to commit a burglary. Under California law, burglary occurs when you enter any residential or commercial building or room with the intent to commit a felony or a theft once inside. A person can be charged with burglary even if he or she did not actually commit the felony or theft.

So what exactly are “burglary tools”? Under the law, a burglary tool is any object that can be used or adapted to commit theft. The most common examples are the kinds of things that you would probably think of, like crowbars, picklock, and a Slim Jim. The statute prohibiting the possession of burglary tools lists some other items as well, including crows, keybits, screwdrivers, vise grip pliers, water-pump pliers, sledgehammers, tension bars, lock pick guns, tubular lock picks, bump keys, floor-safe door pullers, master keys, and ceramic or porcelain spark plug chips or pieces.

Of course, many of these items are commonly found in a well-stocked toolbox or garage. As a Santa Ana criminal defense attorney can explain, merely possessing these items is not enough to be charged with this crime. Instead, you have to possess one or more of these objects (or another object) with the intent to commit theft or to use it in an unlawful manner.

It can be challenging for a prosecutor to prove intent. How can they show what was on your mind? To do so, prosecutors usually rely on what is known as circumstantial, or indirect evidence. In other words, since you probably won’t leave a note or send a text message saying “I am going to use this crowbar to break into a jewelry store and steal jewelry,” they will need to use other evidence that tends to show that was your intent.

For example, if you took that same crowbar and had blueprints of the jewelry store, and were hanging out by the back door while dressed in black at night, that might be enough circumstantial evidence to prove that you intended to use the crowbar — a burglary tool — to commit theft. A prosecutor could argue that there was enough circumstantial evidence to prove that you intended to break into the jewelry store to steal jewelry — even if you didn’t directly state that this was your intent.

Of course, if you were standing outside of the same jewelry store with a crowbar that you were using to try to pry your flat tire off of the rim of your car, the prosector probably could not prove intent. The circumstances show that you weren’t trying to break into the store, but fix your car. In that situation, the crowbar wasn’t a burglary tool, but simply a regular tool.

Possession of burglary tools is a misdemeanor offense, carrying a maximum penalty of six months in county jail and a fine of up to $1,000. If you have been charged with possession of burglary tools, you will need an experienced Santa Ana criminal defense attorney. The Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.

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