Auto burglary occurs when you enter a locked vehicle or its trunk, intending to steal the vehicle, steal something from the vehicle, or commit a felony once inside it. It is a wobbler, meaning that the prosecutor can file misdemeanor or felony charges, depending on your criminal history and details of the case. Your penalties will depend on your case details and criminal record. They can include a lengthy prison sentence and a hefty court fine.
A skilled criminal attorney can help you understand the legal implications of your case, possible penalties, and options. They will also help you navigate the criminal justice system and fight for a reasonable outcome in your case.
The Legal Meaning of Auto Burglary
Auto burglary is a subset of burglary, a general crime under PC 459. Burglary occurs when you enter a commercial or residential building or structure with the intent to commit petit larceny, grand larceny, or a felony offense. Auto burglary is specific to motor vehicles. Forced entry is not necessary to face charges for auto burglary. What matters is that you gained access to a locked vehicle without authorization and with criminal intent. The prosecutor requires proof that you entered a locked vehicle intending to commit a crime (steal the vehicle, steal something from it, or commit a felony).
Additionally, auto burglary goes beyond simply breaking into another person’s vehicle. A vehicle break-in becomes auto burglary if you intend to steal or commit a felony before committing the act. If you developed the criminal intent after breaking into the vehicle, your case details do not support an auto burglary charge. However, the prosecutor can file other theft-related charges, depending on the exact details of the case. An auto-burglary conviction requires proof that your initial intent was to break into the vehicle to steal it, steal from it, or commit a felony.
Example: Marilyn realized that her neighbor, Sam, leaves his computer in his car whenever he comes home from work. A few days after this realization, she breaks into his car to steal the laptop but cannot find it. Sam reports the matter to the police, and Marilyn is charged with auto burglary.
Marilyn is guilty because her primary intention was to break into the vehicle and steal a computer. She developed the criminal intent even before breaking into her neighbor’s vehicle. The court can still find her guilty even if Marilyn failed to steal the computer. What matters is that she had criminal intent and broke into the vehicle to commit the crime.
If your case goes to trial after an arrest for auto burglary, the district attorney must prove these elements for the court to convict:
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You planned to enter another person’s vehicle without their permission to steal it, steal something from it, or commit a felony
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You did so, or attempted to do so
Entering a locked vehicle, in this case, means breaking into a vehicle. However, it does not necessarily imply forcing your way into the vehicle. Even unlocking a locked vehicle from an open window without permission counts as breaking into it. You can also access a locked vehicle through its trunk or by breaking a window. What matters is that you had access to the inside of a locked vehicle without its owner’s consent, intending to commit a crime. Here are some of the ways you can break into a vehicle to commit auto burglary:
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Breaking a vehicle’s window to access it from the outside
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Unlocking a vehicle’s locked doors through an open window
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Using a tool like a screwdriver to open the door or trunk of a locked vehicle.
Penalties for an Auto Burglary Conviction
Remember that a conviction for auto burglary occurs when the district attorney proves all the elements of the offense beyond a reasonable doubt. Depending on your criminal history and the case details, the court can give a misdemeanor or felony conviction.
Generally, auto burglary cases are treated as second-degree burglaries in California. First-degree burglary occurs when you enter an inhabited dwelling planning to commit theft or a felony. It is a severe felony, whose conviction can result in a lengthy prison sentence and a hefty court fine. First-degree burglary is also a strike under California's Three Strikes Law, which can affect penalties for subsequent strikes.
A second-degree burglary charge, under which auto burglary mostly falls, occurs when you enter a structure or a vehicle intending to commit a felony or theft. The structure, in this case, is uninhabited. A second-degree burglary charge is generally a wobbler, meaning it can result in a misdemeanor or felony conviction. Your exact penalties will depend on your criminal history and the facts of your case.
A misdemeanor conviction for auto burglary will likely result in the following penalties:
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One year in jail, or
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Misdemeanor probation
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$1,000 in court fines
A felony conviction for auto burglary can result in the following penalties:
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16 months, two or three years in prison, or
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Felony probation
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A maximum of $10,000 in court fines
Some exceptions exist to the general rule whereby auto burglary is mainly a second-degree burglary. One such exception makes auto burglary a first-degree burglary involving an inhabited vehicle, like a trailer coach or recreational vehicle (RV). Remember that burglary of an inhabited structure is a first-degree burglary under PC 460(a). If the inhabited structure is a vehicle, meaning that someone lives in that vehicle, and other elements of the case are satisfied, including your intent to commit theft or felony, the district attorney will file first-degree burglary charges against you.
First-degree burglary is a straight felony, punishable by the following penalties:
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Two, four, or six years in prison, or
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Felony probation
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A maximum of $10,000 in court fines
The Jail or Prison Sentence
Serving time in jail or prison can have serious, long-lasting consequences. This is because your freedom is generally curtailed, such that you cannot work, go to school, or see your family as you wish until you serve your sentence. The minimum you will likely stay in jail after an auto burglary conviction is one year (for a misdemeanor). This is a long time, meaning that a lot can change in your life within one year, you could lose your job, the support of family or friends, and a schooling opportunity. Your life is completely disrupted, and picking up from where you left off could be difficult after completing your sentence.
Misdemeanor or Felony Probation
In some cases, judges use probation instead of jail or prison sentences. Misdemeanor probation is possible after a misdemeanor conviction, and felony probation is possible after a felony conviction. Although probation entails serving your sentence from home, you must abide by the judge's strict conditions during sentencing.
Misdemeanor probation lasts from one to three years. Felony probation lasts for between three and five years. The judge determines your probation sentence based on your criminal history and the circumstances of your case. Here are some of the conditions you could receive if sentenced to probation for auto burglary:
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To periodically submit progress reports to the judge (misdemeanor probation) or meet regularly with a probation officer for progress assessment (felony probation)
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To perform a specific number of hours of community service
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Not to engage in crime during probation
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To pay victim restitution if it applies in your case.
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To pay all court fines and case assessment fees associated with the case
Other Consequences of a Conviction for Auto Burglary
An auto burglary conviction will result in a damaging criminal record that can affect your life for many years, even after completing your sentence. A criminal conviction remains on your record for years. It will show up every time someone runs a background check on you. For example, a prospective employer can decide not to hire based on their findings after running a background check on you. A landlord can also deny you a chance to rent or lease their property. Other critical services you could face challenges accessing include credit and insurance services.
A felony probation for auto burglary can also affect your gun rights. Although adults in California can obtain permits to purchase, possess, or use firearms, they lose those rights after a felony conviction. This can affect your life, especially if you engage in gun-related recreational sports like gun collection, hunting, or target shooting.
If you are found guilty of a first-degree auto burglary for burglarizing an inhabited vehicle, like an RV, you will be guilty of a strike offense according to the Three Strikes Law. If you have a prior strike and this is your second, you will likely receive double the penalties provided under the law for the offense. However, if you have two prior strikes in your record and this is your third, you will likely receive a 25-year-to-life prison sentence.
How To Avoid the Severe Penalties of Auto Burglary Conviction
A conviction for auto burglary has severe penalties and consequences that can significantly impact various aspects of your life. However, you can change your case’s outcome with the help of a competent criminal attorney. In addition to helping you navigate complex legal processes, your attorney can use the best defense strategies to influence the outcome of your case. Here are some of the techniques that could help your situation:
Accepting a Plea Deal
You can avoid the severe consequences of a conviction by negotiating with the district attorney for a reasonable outcome. Your attorney can accept a plea deal from the prosecutor whereby you plead guilty to a less severe offense for a lenient penalty. For example, the district attorney can offer a plea deal for trespassing or vehicle tampering instead of taking the case to trial. If you accept the plea deal, you could be sentenced to misdemeanor probation, after which you can file for expungement. You will also not go through an intense and uncertain trial that can also prolong the case.
Using Legal Defense Strategies
Alternatively, your attorney can advise you to take your chances in court. This can work if they have solid defense strategies that can cause the court to drop your charges.
For example, your attorney can argue that the vehicle was not locked. Remember that auto burglary occurs when you open a locked vehicle or trunk to commit a felony or theft. If the car was not locked, the prosecutor cannot prove all the elements of the case beyond a reasonable doubt. However, this does not mean you will entirely avoid a criminal conviction. Stealing from an unlocked vehicle can result in petit or grand larceny charges, depending on the value of the stolen property and your criminal history.
Your attorney can also counter the prosecutor’s claim that you had criminal intent before entering a locked vehicle. If you entered the vehicle without intent to commit a crime and then developed an intent to steal after assessing it, you are not guilty of auto burglary. However, the prosecutor can file other theft charges, depending on the exact details of your case.
If the prosecutor’s case is weak, a skilled attorney will compel the court to dismiss your charges. Remember that in criminal cases, the prosecutor has the burden of proof. The court will dismiss your case if it cannot prove the case beyond a reasonable doubt.
Find a Competent Criminal Attorney Near Me
Do you or someone you know face charges for auto burglary in Los Angeles?
This severe charge can result in grave penalties, including a lengthy jail or prison sentence and a hefty court fine. A conviction will also result in a damaging criminal record that can affect your life for years. However, you can change the outcome of your case through proper defense. A skilled attorney can use the best defense strategies to fight for the best possible outcome in your case.
At law office of Sara L. Caplan, we strive to fight for our clients' rights and a favorable outcome in their cases. Our highly trained and experienced attorneys will not give up on your case until you are happy with the results. Call us at 310-550-5877 to discuss your options and our services further.
