Modern technologies allow taking over someone else’s vehicle in a matter of seconds. Most often, car thefts are registered in the night, and the scenes of the crime are the unguarded parking and yards of residential homes.
According to California Penal Code 459 PC a person who enters any locked vehicle or other motor vehicle or enters the locked trunk portion of the vehicle with the specific intent to commit a theft, or any felony, is guilty of auto burglary.
Thus the unlawful acquisition of another auto, it is actually illegal possession of another’s auto by a person who has no right to use and own vehicle.
The list of vehicles, which is punishable by California Penal Code 459 PC includes: any locked automobile or other motor vehicle or enters the locked trunk portion of the vehicle.
A person who commits auto burglary has to have the intent. This means that at the time of the burglary of a car or other vehicle the offender was aware of his lack of the right to possession and use of a car. Such offense is qualified as auto burglary.
Thus “auto burglary” takes place when:
– a person enters a locked car
– he has the intent to
– steal the car
– steal property within the car
– commit another felony inside the car (kidnapping, i.e.).
It has to be noted that if a person opens the unlocked car door with the intent to steal something, but the car is empty, this person can be accused of criminal trespass or attempted theft. The prosecutor has to have enough evidence that the person was not authorized to enter or use the car (i.e., the son of the proprietor cannot be accused if he had permission from his father to use the car before) in order to accuse of auto burglary.
According to California Penal Code 460 PC auto burglary is considered to be a second degree burglary. Second degree burglary may be either a felony or a misdemeanor, that is to say it is a “wobbler”. The incrimination depends on the criminal history of the person as well as objective circumstances of the offense.
If a person is accused of second degree burglary as a felony, he may face sentencing ranged from probation and county jail time to a maximum of three (3) years in state prison.
If a person is accused of second degree burglary as a misdemeanor, he may face up to one year in a county jail, plus three years of informal probation, fines and restitution.
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. If you have faced accusations of Auto Burglary in California, it is essential to contact an experienced California defense attorney who is will provide legal assistance. We handle every aspect of your case, from the very start through the very last court hearing, all for a flat fee agreed upon before we begin.
You may file your request online, by telephone or by mail. 818-553-1000