California Auto Burglary

Automobile burglary is a wobbler offense which means that the prosecutor has discretion whether to charge someone with a felony or misdemeanor – and that usually depends on the suspect’s criminal history and or circumstances of the offense. Auto burglary is a theft crime and carries severe consequences if one is convicted. It is important to note that one need not have the intentions to commit a theft crime inside a vehicle, but one can simply harbor the intent to commit any felony – e.g., intent to commit kidnapping of a passenger would suffice to the charge of auto burglary.

Contact Attorney John Rogers Immediately

Los Angeles Burglary Lawyer John Rogers is committed to providing each client aggressively, affordable, and trusted legal representation. Whether you’re charged with a minor offense or a serious felony, Mr. Rogers makes himself available 24 hours a day, 7 days a week and works tirelessly to achieve the best possible result for each client. The best approach to defeating auto burglary charges is early criminal defense attorney intervention, contact Mr. Rogers immediately.

Elements to Auto Burglary

In order for someone to be found guilty of auto burglary, the prosecution must prove beyond a reasonable doubt:

  1. Defendant entered a locked vehicle;
  2. Defendant intended to commit a theft or felony inside

Examples of Auto Burglary

Picking the lock to steal money or a car stereo. Breaking a window to effectuate a theft or felony. Breaking into the trunk of a car to commit a theft or felony inside. Note however, a major element to the crime of auto burglary is the fact that the vehicle must be “locked.”

Defendant kidnapped Vic to hold her hostage. Defendant saw a vehicle belonging to Bob. Defendant breaks the window and wires the car. He simultaneously places Vic in the trunk and drives away. Defendant would expect to be charged with auto burglary, kidnapping, grand theft, receipt of stolen property, among other serious crimes.

What is the Punishment for Auto Burglary?

Automobile burglary is a “wobbler” offense which means the prosecutor holds discretion on whether to charge someone with a felony or a misdemeanor. Factors the prosecutor considers is the defendant prior criminal record and the severity of the current offense. Fortunately, if one is convicted of a felony, they may be eligible to reduce their felony to a misdemeanor pursuant to P.C. 17(b) after successful completion of probation.

If one is convicted of auto burglary as a misdemeanor, the consequences are:

  • Up to One Year in the County Jail
  • Court Ordered Probation
  • Court Fines
  • Restitution
  • Stay Away / Protective Order
  • Temporary Loss of Search & Seizure Rights
  • Immigration Consequences

If one is convicted of auto burglary as a felony, the consequences are:

  • 16 months, 2, or 3 years in California state prison
  • Formal Supervised Probation / Parole
  • Court Fines & Restitution
  • Stay Away / Protective Order
  • Temporary Loss of Search & Seizure Rights
  • Immigration Consequences

Auto Burglary Expungement

In California, a Auto Burglary conviction is eligible to be expunged so long as certain requirements have been fulfilled. Expunging your record is governed under California P.C. 1203.4 where your finding of guilt is set aside the conviction is dismissed. Contact Los Angeles Burglary Attorney John Rogers for more information regarding your eligibility and process to expunge your criminal record.

Free Los Angeles Burglary Attorney Consultation

If you or a loved one has been arrested, charged, or is under investigation for auto burglary, contact Los Angeles Criminal Defense & Burglary Lawyer John Rogers at the Law Offices of John D. Rogers located at 1801 Century Park East, 24th Floor, Los Angeles, CA 90067. Call 877-888-9820 now for a free confidential consultation concerning your rights and defenses.