California Defense Attorney for Auto Burglary Charges

Have you been accused of auto burglary? Call Ventura criminal defense lawyer Robert M. Helfend for help. Serving all of Southern California.

Auto burglary is when someone unlawfully enters a locked vehicle with the intent to commit theft or any felony.

Because this crime involves property damage, theft, or attempted theft, prosecutors often pursue these cases aggressively, seeking harsh penalties.

Auto burglary is typically charged as a second-degree felony in California, which can carry a penalty of up to three years in county jail.

If you’re facing auto burglary charges, you need a defense attorney who understands the law and knows how to challenge the prosecution’s case. Ventura criminal defense attorney Robert M. Helfend has over 40 years of experience representing clients accused of property crimes, including auto burglary.

His in-depth knowledge of California law, combined with a strategic, client-focused approach, provides you with the best possible defense for your case. Call 805-273-5611 for your free consultation.

California’s auto burglary law – California Penal Code Section 459 PC

Unlike general burglary charges, which cover unauthorized entry into buildings, auto burglary specifically applies to vehicles.

To convict someone of auto burglary, prosecutors must prove two key elements: (1) unlawful entry into a locked vehicle and (2) intent to commit theft or a felony at the time of entry.

We’ll get into the details below.

Elements of auto burglary

For an auto burglary charge, the prosecution must establish the following elements:

1. Unlawful entry into a locked vehicle

California law requires that the vehicle be locked at the time of entry for it to qualify as auto burglary.

This means that if a person enters an unlocked vehicle, it typically would not meet the threshold for auto burglary but could still be considered another crime, such as theft.

The method of entry does not matter — whether by breaking a window, using tools to unlock the door, or using any other means.

2. Intent to commit theft or a felony

It’s not enough to simply prove that someone unlawfully entered a locked vehicle; the prosecution must also show that the individual intended to commit theft or another felony once inside.

This intent must exist at the time of entry, meaning that if the person developed the intent after entering, it would not qualify as auto burglary under California law.

Intent can be inferred from actions, such as attempting to steal items from the car or possessing burglary tools, but it is essential that the intent existed before entry.

Examples of auto burglary

  • Example 1 – A person uses a crowbar to break a car window, intending to steal a purse left on the seat. Because the car was locked, and the individual forced entry to the car with intent to commit theft, this meets the criteria for auto burglary under Penal Code Section 459.
  • Example 2 – Someone unlocks a car with a slim jim tool, intending to take stereo equipment from inside the vehicle. This would qualify as auto burglary because the car was locked, entry was forced, and there was an intent to commit theft at the time of entry.
  • Example 3 – A person breaks into a locked vehicle intending to hide from law enforcement but has no intent to steal or commit any other felony. In this case, it would not constitute auto burglary, as the element of intent to commit theft or a felony is missing.

Penalties for auto burglary in California

In California, auto burglary is typically charged as second-degree burglary, classified as a “wobbler” offense under Penal Code Section 459.

This means it can be prosecuted as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant’s prior criminal history.

The court will consider various factors, including the severity of the crime, any prior convictions, and the presence of aggravating or mitigating circumstances, to determine how to charge the offense and what penalties to impose.

Misdemeanor auto burglary

When prosecuted as a misdemeanor, the penalties for auto burglary are generally less severe. A misdemeanor charge is more likely in cases involving first-time offenders or instances where minimal property damage and no aggravating factors are present.

Possible penalties for misdemeanor auto burglary include:

  • Up to 1 year in county jail
  • Fines of up to $1,000
  • Probation – The court may grant probation in place of jail time, often requiring compliance with specific conditions such as community service, restitution, or participation in educational programs.

Felony auto burglary

When charged as a felony, auto burglary carries harsher penalties. Felony charges are common in cases involving prior criminal convictions, significant property damage, or other aggravating circumstances.

Possible penalties for felony auto burglary include:

  • 16 months, 2 years, or 3 years in county jail under California’s Realignment Act (AB 109), which often redirects felony offenders to serve time in county facilities instead of state prison.
  • Fines of up to $10,000
  • Formal Probation – In some felony cases, the court may grant formal (supervised) probation instead of jail time. Conditions of probation may include regular check-ins with a probation officer, restitution payments to the victim, community service, and compliance with other specific orders.

Aggravating factors and enhanced sentences

Certain factors can lead to enhanced penalties for auto burglary in California.

These include:

  • Gang-Related Activity – If the crime was committed for the benefit of or in association with a gang, the defendant may face additional sentencing enhancements under California’s gang enhancement laws, which could add several years to the sentence.
  • Prior Convictions – Defendants with previous convictions, particularly those with prior felonies or theft-related offenses, are more likely to face a felony charge and may receive a harsher sentence.
  • “Strike” Offenses – While auto burglary itself is not a strike offense under California’s “Three Strikes” law, certain related offenses, or cases with multiple counts, may trigger the Three Strikes rule, leading to increased sentences or mandatory imprisonment for repeat offenders.

Alternative sentencing options

In some cases, a defendant may be eligible for alternative sentencing, which can reduce or replace jail time. These options include:

  • Diversion Programs – For non-violent, first-time offenders, the court may offer diversion programs that focus on rehabilitation rather than punishment. Successful completion of a diversion program can result in the charges being dismissed.
  • House Arrest or Electronic Monitoring – In cases where jail time is unavoidable, defendants may sometimes serve their sentence through electronic monitoring, allowing them to remain at home under supervision.
  • Community Service and Restitution – Courts may substitute jail time with a combination of community service hours and restitution payments, particularly in misdemeanor cases where the property damage was minimal.

Collateral consequences of an auto burglary conviction

Aside from the legal penalties, an auto burglary conviction can have lasting collateral consequences. A criminal record for auto burglary may impact employment, housing opportunities, professional licensing, and immigration status.

Additionally, a felony conviction may result in the loss of certain civil rights, such as the right to own firearms. For these reasons, it’s crucial for defendants facing auto burglary charges to seek qualified legal representation to explore all possible defenses and sentencing alternatives.

If you’re facing auto burglary charges in California, several defenses may be available to contest the allegations or reduce potential penalties.

A skilled criminal defense attorney can help assess the specific circumstances of your case and determine the best defense strategy. Here are some common defenses against auto burglary charges:

1. Lack of intent

One of the key elements of an auto burglary charge is the intent to commit theft or another felony upon entering the vehicle.

If the prosecution cannot prove beyond a reasonable doubt that you intended to commit a crime at the time of entry, the auto burglary charge may not hold. For example, if you entered the vehicle by mistake or with an innocent purpose, this lack of intent can be a strong defense.

2. The vehicle was unlocked

California law requires that the vehicle be locked for an act to qualify as auto burglary. If the vehicle was unlocked, the charge may not meet the legal requirements for burglary, although other charges, such as petty theft or trespassing, might still apply.

Demonstrating that the vehicle was left open or unattended without being locked can be a viable defense.

3. Mistaken identity or false accusation

Auto burglary charges often arise based on eyewitness accounts or surveillance footage, which can sometimes lead to mistaken identity or false accusations.

If there is evidence to suggest that you were not the individual involved in the incident — such as an alibi or video footage showing someone else — you may be able to challenge the charges based on mistaken identity.

4. Insufficient evidence

The burden of proof lies with the prosecution, which must present strong evidence to prove each element of the auto burglary charge.

If the evidence is weak, incomplete, or based on unreliable witness testimony, your attorney may be able to argue that there is insufficient evidence to support a conviction. Challenging the reliability or admissibility of evidence can be an effective defense strategy.

5. Lack of knowledge or accident

In some cases, defendants may have entered a vehicle accidentally or unknowingly, without realizing it was not their own or without any intention of committing a crime.

For example, if someone enters a vehicle mistakenly believing it to be theirs, this could be used to argue that there was no intent to commit theft or a felony. Such accidental entry could lead to a reduction or dismissal of the charges.

6. Duress or coercion

If you were forced or threatened by another person to break into a vehicle, you might be able to use duress as a defense.

For a duress defense to be effective, you must show that you reasonably believed you were in immediate danger and that committing the act was the only way to avoid harm. This defense is rare in auto burglary cases but may be applicable in certain situations.

7. Lawful right to be in the vehicle

If you had permission or a lawful reason to be in the vehicle, this could serve as a defense against auto burglary charges.

For instance, if you had the vehicle owner’s permission to access the car or if you believed in good faith that you were authorized to enter, the charge may not apply. Evidence of ownership rights or permission can support this defense.

8. Intoxication or impairment

While intoxication or impairment is generally not an outright defense, it can sometimes be used to challenge the intent element in auto burglary cases.

If you were under the influence of drugs or alcohol to the extent that you were incapable of forming the necessary intent to commit theft or a felony, this lack of specific intent might be used as a partial defense.

Get 24/7 help for your case

Auto burglary charges can bring serious penalties and lasting consequences, but with the right legal defense, you may be able to protect your future.

Robert M. Helfend has over 40 years of experience defending clients against property crimes across Southern California. Known for his dedication, strategic approach, and extensive courtroom experience, Mr. Helfend will work tirelessly to explore every possible defense and pursue the best outcome for your case.

Don’t let a momentary allegation turn into a lifetime burden. Call today for a free case evaluation at 800-834-6434.