Burglary involves the breaking and entering into a structure to commit larceny or a felony inside. Breaking and entering doesn’t need the use of force. But the defendant can also face a second charge associated with burglary: possession of burglary tools.
What are Burglary Tools?
Burglary tools are any type of device or tool used to help an individual in committing burglary. Sometimes these tools are called burglar’s tools. Burglary tools include:
- Bolt cutters
- Ropes for climbing
- Lock picks
Is It a Crime to Have Burglary Tools in California?
Yes. It’s illegal possess these tools with the intent to break into any structure. The structure includes a building, vehicle, vessel, railroad car, or aircraft.
Does the Prosecutor Have to Prove Any Thing to Convict Me of Burglary Tools Possession?
Yes, a prosecutor must prove two things beyond a reasonable doubt. First, the defendant was in possession of prohibited burglary tools, as seen in the list above. Second, the defendant intended to use the tools in to commit a burglary.
Is Possessing Burglary Tools a Misdemeanor?
Yes, possession of burglary tools is a misdemeanor. A defendant convicted of possession of burglary tools faces up to 6 months in the jail and a fine of up to $1,000.
Can I Be Charged with another Crime Besides Burglary Tool Possession?
It’s possible. According to California law, possessing any kind of tool, instrument, key or explosive designed to open or damage a coin operated machine is also a criminal offense. It is also a crime to possess a wheel lock or master key with the criminal intent to open a motor vehicle.
Should I Contact a Lawyer to Help Me with This Case?
Yes. Contact a criminal lawyer to learn more about fighting this charge.