Auto burglary is a common crime in California, especially in large cities like Los Angeles. Understanding the laws surrounding this offense and the potential consequences is crucial for anyone facing such charges. In this blog, we’ll explore what constitutes auto burglary in California, the legal penalties involved, and what rights you have if you’re accused of this crime.
What Is Auto Burglary in California?
Auto burglary, under California Penal Code 459, occurs when a person unlawfully enters a locked vehicle with the intent to commit theft or any felony. It’s important to note that merely breaking into the car or intending to steal something qualifies as auto burglary, even if no items are actually stolen.
Difference Between Theft and Auto Burglary
Auto burglary is different from auto theft. While auto theft involves stealing the vehicle itself, auto burglary refers to breaking into a vehicle to steal items or commit a felony inside the car
Penalties for Auto Burglary
Auto burglary is considered a “wobbler” offense in California, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances of the case, such as prior criminal history or the value of the property involved.
Misdemeanor Auto Burglary
If charged as a misdemeanor, penalties may include:
• Up to one year in county jail.
• Fines up to $1,000.
• Probation.
Felony Auto Burglary
Felony charges carry more severe penalties, including:
• Up to three years in state prison.
• Higher fines, which can exceed $10,000.
• Longer probation terms and potential restitution to the victim.
Defenses Against Auto Burglary Charges
If you’re facing auto burglary charges, it’s important to understand that there are several legal defenses available. A skilled criminal defense attorney can help present a strong case on your behalf.
Lack of Intent to Commit a Crime
One of the key elements of an auto burglary charge is the intent to commit theft or a felony. If you did not intend to commit a crime upon entering the vehicle, your attorney may use this as a defense.
Mistaken Identity
Auto burglaries often happen quickly and in public places, where witnesses might mistakenly identify the wrong person. If you were misidentified, this could be a strong defense.
Unlawful Search and Seizure
If law enforcement conducted an unlawful search of the vehicle or violated your rights during the arrest, your lawyer can argue to have the evidence thrown out, which may weaken the prosecution’s case.
Your Rights If Accused of Auto Burglary
Being accused of auto burglary is serious, but you have rights. You are entitled to legal representation, and it’s crucial to exercise your right to remain silent until you speak with a lawyer. Anything you say can be used against you in court, so having a legal expert on your side is vital.
Auto burglary is a serious crime in California, with penalties ranging from fines to imprisonment. If you’ve been charged with auto burglary, it’s essential to seek professional legal help immediately. At Law Advocate Group, LLP, we specialize in defending individuals against auto burglary and other criminal charges. Contact us today for a consultation to discuss your case and protect your rights.
