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Los Angeles Auto Burglary Lawyers

Auto Burglary Lawyers
Auto burglary is a specific crime that has been outlined in the California penal code. It refers to forcing entry into a vehicle so that you can commit any kind of larceny or felony. Since you need to intend to commit an additional crime, you might be charged with multiple things in addition to auto burglary. You could face a charge of petty theft, felony theft, or another felony.

You might intend to commit a felony while inside the vehicle, steal something inside the car, or steal the car itself. Regardless of your exact intentions, you have to enter the car through force for the crime to qualify as an auto burglary.

Burglary is most commonly used to refer to breaking into a house or business. However, according to California law, breaking into a car also counts as long as the person intended to commit a crime in the vehicle. One of the most frequent examples is when a car window is smashed so that a computer, phone, or other expensive electronic can be stolen. If you break into a car trunk, that counts as burglary as well, even if the trunk is separated from the cab of the vehicle.

California describes vehicles as any devices that propel someone. Most commonly, this includes trucks, motorcycles, and cars.

For an auto burglary charge to stick, the prosecutor must present evidence of forced entry. That means that if a person simply opened an unlocked car to steal something inside, they might not be charged with burglary. However, they are still subject to charges related to the theft or crime committed in the vehicle.

Auto burglary is a second-degree form of burglary. Depending on the severity of the circumstances, it might be charged in California court as a felony or misdemeanor. With a misdemeanor, you might face up to one year in jail. With a felony, you could face up to 3 years in jail.

Conviction can lead to serious legal issues. You should contact an attorney immediately if you’re accused of this crime.

Definition of the Crime

The definition of the crime can be found in Section 459 of California’s penal code. It says that entering a locked vehicle with an intent to commit a felony or larceny is burglary.

There are two key factors that make up this crime. One is the vehicle being locked instead of unlocked, so force is needed to open the doors or smash the windows. The other is intending to commit a crime inside the vehicle, whether you actually successfully commit that crime or not.

If you break into a locked car without planning to commit a crime, you could still be brought up on criminal charges. But burglary won’t be one of them. Similarly, if you open an unlocked car and steal something inside, you can be charged with theft. But you can’t be charged with burglary.

This is a highly specific crime, and the prosecutor needs to prove that you meet the definition.

Defending Against the Charges

A defense lawyer can review the facts of your case and create a defense strategy based on the situation. There are several different legal strategies that lawyers might use. Keep in mind that the prosecutor must prove that the defendant committed every element of the crime beyond a reasonable doubt.

One defense is to show that the defendant didn’t intend to commit a felony or steal anything inside the car. The prosecutor has to prove that your intention was to steal something or commit a crime. If they can’t do that, your lawyer can poke holes in their case. All that needs to be shown is a reasonable doubt that you intended to cause harm.

Another defense is if the vehicle was unlocked. To be convicted of auto burglary, you have to force entry into a locked car. You can still be prosecuted for theft if you steal something from an unlocked car, but you haven’t technically committed the crime of forced entry.

The prosecutor therefore needs to prove that the vehicle was locked and that you forced entry. If they don’t have any evidence indicating this, then auto burglary doesn’t work as a charge. If the prosecutor is unable to prove this, you may be able to have your charges lessened or have them dropped.

The last most common defense used is the one about insufficient evidence. The prosecutor needs to have hard evidence that the defendant is the one who committed the crime. If they can’t prove that, then the defendant must be let go. A defense lawyer might be able to find holes in the prosecutor’s story, and they can also challenge the accuracy of the evidence. They will need to point out any logical fallacies with regards to what the evidence “proves.”


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

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