In California, auto burglary is defined as entering a locked automobile or its trunk, with the intent either to (1) steal the car, (2) steal property contained in the car or (3) commit any other felony inside the vehicle. This offense can be filed as a misdemeanor or a felony depending on the facts of the case.
Under California law, burglary of an automobile is actually a subset of the general crime of burglary under Penal Code 459 PC. 1 2
When most people think of burglary, they think of entering a house or other building to steal something inside it. But in fact, the California crime of burglary includes:
Another surprising fact about California auto burglary law is that it does not cover the simple act of breaking into someone else’s locked car. Instead, a car break-in is only considered auto burglary if the person intended to commit a theft of the vehicle or property inside of it, or the person intended to commit some other felony inside the vehicle. 4
Examples
Penalties
California auto burglary is a form of so-called “second-degree” burglary. 5
Second-degree burglary (including auto burglary) is a wobbler. This means it can be charged as either a misdemeanor or a felony, depending on the prosecutor’s choice. 6
If you are charged with auto burglary as a misdemeanor, the maximum penalty will be imprisonment in the county jail for up to one (1) year. 7
If you are charged with auto burglary as a felony, the jail sentence may be sixteen (16) months, two (2) years, or three (3) years. 8
Legal Defenses
Given these penalties, it is well worth your while to fight these charges. An experienced California theft crimes defense attorney can help you explore certain legal defenses that could help get your auto burglary charges reduced or dismissed. These include:
In this article, our California criminal defense attorneys will discuss the following::
If, after reading this article, you have additional questions or would like to speak to a California hit and run defense lawyer, we invite you to contact us at Shouse Law Group.
Auto burglary takes place when someone enters a locked automobile or its trunk, with the intent either to (1) steal the car, (2) steal property contained in the car or (3) commit any other felony inside the vehicle.
The legal definition of auto burglary revolves around two main facts (also known as “elements of the crime”). You are not guilty of California auto burglary unless the following elements are true:
Let’s take a better look at some of the terms in these elements in order to better understand the legal definition of vehicular burglary.
Entering a “locked” vehicle
California Penal Code 459 PC specifically states that the doors to the car (or trunk) must be locked. Therefore, you must alter the car’s physical condition…breaking into it somehow…to be guilty of the offense of burglary of an automobile. 10
So whether the doors to the vehicle were locked is an important element of an auto burglary charge. If the trunk was locked and a defendant is alleged to have stolen something from the trunk, that counts as a locked car as well. 11
Here are some actions that can count as breaking into a locked car for purposes of California’s auto burglary statute:
Example: Charles is caught inside a car that does not belong to him, attempting to steal some tools inside the car. There are no signs of forced entry. However, the car’s owner testifies that he always locks his car. This is enough evidence to potentially prove that Charles did break into a locked car…and thus to convict Charles of auto burglary. 13
“Entering” a vehicle
You “enter” an automobile if any part of your body goes inside of it. You also are considered to have entered a vehicle if some object under your control enters it. 14
In other words, you do not actually have to open the door and get your entire body into the vehicle to commit auto burglary…reaching in through a window, or inserting an object, can count.
Example: On a hot day, Bart comes across a parked car that is locked, but with the windows slightly open to keep the car cool. The car’s owner has left their wallet on the driver’s seat.
Bart straightens a coat hanger to make a tool that he can slip inside the car window and use to grasp the wallet. He inserts the tool into the window and successfully grabs the wallet, which he then pulls up and removes from the car.
Bart may have just committed the crime of auto burglary…even though he didn’t actually enter the car.
Example: Karl and several friends steal the headlights off of a parked car. Even though they entered the headlamp housing to get the headlights, they did not enter the interior of the car…and so are not guilty of auto burglary. 15
Intending to commit a California felony or theft
A key part of the legal definition of burglary of an automobile under California law is intent to commit a California California felony or theft. 16 California felonies include crimes such as:
In addition to the intent to commit a California felony, the intent to commit the California misdemeanor crime of petty theft can also meet the definition of auto burglary. 17 Petty theft is defined as stealing something with a value of $950 or less. 18
As we discussed above, if you simply enter someone else’s locked car without intent to steal something or commit another kind of California felony…you did not commit the crime of auto burglary. 19
However, to be guilty of auto burglary, you do not need to actually have committed a felony or theft. All that matters is that you enter a car with the intent to commit a felony or theft. 20
Example: Let’s take Bart in our earlier example. Let’s say that as soon as he gets his homemade tool through the car’s window, he realizes that there’s no way he’s going to succeed getting the wallet out. So he gives up and walks away.
Bart still may face an auto burglary charge. He did “enter” the car intending to commit theft…even if he didn’t actually succeed in doing so.
In almost all cases, California auto burglary is a form of so-called “second-degree”…that is, less serious…burglary. 21
Second-degree burglary is a wobbler . . . which means that depending on (1) the circumstances of the offense, and (2) your criminal history, you could be charged with California auto burglary as either
If you are convicted of California auto burglary as a misdemeanor, you may face up to one (1) year in county jail. 22
If you are convicted of California auto burglary as a felony, you may face jail of sixteen (16) months, or two (2) or three (3) years. 23
There is one exception to the general rule that auto burglary is a form of second-degree burglary. If you break into a “trailer coach” (like an RV) that is inhabited (meaning someone is living there) with the intent to commit a felony or theft, you may have committed first-degree burglary. 24
The crime of burglary in an inhabited trailer coach is always a felony. The penalty will be two (2), four (4) or six (6) years in California state prison. 25
Depending on the circumstances of your particular case, there are a variety of common legal defenses to auto burglary charges that your California auto burglary defense lawyer could present on your behalf.
Some of these are:
The vehicle wasn’t locked
One of the most effective defenses to a California auto burglary charge is that the doors or trunk of the car weren’t locked.
This defense is critical, since…as we discussed above…the doors or trunk must be locked for the crime of burglary of an automobile to take place. 26
For example, even if you “popped” a locked trunk by opening an unlocked door and pulling the latch, you may not be guilty of auto burglary.
The question of whether a car was locked…and the evidence used to prove that it was or wasn’t…can be surprisingly technical. 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 commit a felony
If you didn’t have the intent to steal the car or its contents…or to commit another felony once inside the car…you are not criminally liable for California auto burglary. 27
“The legal defense of lack of intent can be especially useful in a vehicular burglary case if you didn’t actually accomplish the felony or theft you are accused of intending. Now, the alleged intended theft or other felony doesn’t need to be successful in order for you to be convicted of this offense. 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.”
Insufficient evidence
The legal defense of insufficient evidence is related to the other two defenses we just described.
Under California law, a jury should not convict you of auto burglary unless the prosecutor can show…beyond a reasonable doubt…that your actions met the legal definition of burglary of an automobile.
Let’s say there is some circumstantial evidence that you intended to steal something inside a car you broke into…but there is no evidence proving that fact beyond a reasonable doubt. In that case, a California criminal defense attorney may help you argue that the evidence is insufficient to warrant a conviction.
As we have mentioned above, California auto burglary is a subset of California burglary laws. The same burglary statute, Penal Code 459 PC, defines both regular burglary and auto burglary.
The broader crime of burglary is defined as entering any building or residence (including houses, apartments, shops, outbuildings, tents, and boats…as well as cars) with the intent of committing a theft or other felony. 29
As a general rule, burglary is considered first-degree burglary if the structure that is entered is inhabited…that is, someone is living there. If that is not the case (as in the vast majority of auto burglary cases)…then it is second-degree burglary. 30
First-degree burglary is always a felony; the penalty will two (2), four (4) or six (6) years in California state prison. 31
Second-degree burglary is a wobbler. If charged as a misdemeanor, it carries a punishment of up to one year in county jail.
As a felony, second-degree burglary can be punished by:
If you commit burglary and then use a torch or explosives to open a safe, vault or other secure place inside the building, then it becomes the crime of Penal Code 464 PC burglary of a safe or vault (also known as burglary with explosives). This offense is always a felony and is punishable by three (3), five (5) or seven (7) years in county jail. 33
California grand theft auto (or “GTA”) law prohibits taking another person’s car without their permission. 34
Perhaps the most obvious reason someone would break into a car would be to steal the car. So it’s not surprising that the crime of grand theft auto is often charged along with the crime of auto burglary. The idea is that the defendant committed auto burglary by breaking into the car in order to steal it…and then committed grand theft auto when s/he actually stole the car.
Grand theft auto is a wobbler offense. 35 Usually, it is more likely to be prosecuted as a felony if the prosecutor believes you intended to keep the car permanently…and more likely to be prosecuted as a misdemeanor if the allegation is that you were just taking the car temporarily (“joyriding”).
The other crime that is most frequently charged along with burglary of an automobile is theft-either grand theft (California Penal Code 487 PC) or petty theft.
Grand theft under Penal Code 487 PC is defined as stealing someone else’s property when that property is EITHER
Grand theft is a wobbler in California. 37
Any other kind of theft is petty theft, which is a misdemeanor. 38
If the allegation is that you broke into someone’s car in order to steal…not the car itself…but personal property contained in the car, such as
you are likely to be charged with BOTH
Note that auto burglary is a more serious crime than petty theft. An accompanying auto burglary charge can turn what would otherwise be a misdemeanor charge (for petty theft) into a potential felony.
Thus, if you are in this situation, it is crucial to find a lawyer who has particular experience in California auto burglary charges…in the hopes of getting at least that charge reduced or dismissed.
Vehicle tampering is a misdemeanor. 40
Because vehicle tampering is a less serious crime than auto burglary, it is a useful potential charge reduction. For example, if the prosecution can prove that you broke into a vehicle…but has little hard evidence that you intended to commit a theft or felony once inside…your attorney may be able to negotiate to reduce the charges from auto burglary to vehicle tampering.
If you or a loved one is charged with Penal Code 459 burglary and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in the office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.
To learn more about the Nevada crime of burglary (including auto burglary), you may visit our page on the Nevada crime of burglary.
