Description

The crime of Burglary Tools may be charged against a person having upon him or her or in the possession of a picklock, crow, key bit, crowbar, gap, plugs or other instrument or teal with intent feloniously to break or enter into any building, railroad car, vessel or vehicle.

What does the prosecutor have to prove?

1. Defendant had on his or her person or in his or her possession a picklock, crow, key bit, crowbar, screwdriver, vice grip pliers, water-pump pliers, slide hammer, slim jim, tension bar, lock pick gun, tubular lock pick, bump key, floor-safe door puller, master key, or other burglary instrument or tool.
2. Defendant had the felonious intent to use the burglary tools to break or enter into a building, railroad car, aircraft, vessel, trailer coach, or vehicle.
or
1. Defendant knowingly made or altered, or attempted to make or alter, a key or instrument to fit or open the lock of a building, railroad car, aircraft, vessel, trailer coach, or vehicle.
2. Defendant did so without obtaining permission from a person having the right to open the same.
or
1. Defendant made, altered, or repaired an instrument or thing to be used in committing a misdemeanor or felony.
2. Defendant knew, or reasonably should have known, the instrument or thing would be used in committing a misdemeanor or felony.

Punishment

Misdemeanor: 0-180 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?No
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?No
Do I lose my right to vote if convicted?No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?No
Is this charge considered a “crime of moral turpitude” for immigration purposes?No
Is this charge considered a “aggravated felony” for immigration purposes?No
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No