Vehicle Burglary Defense Attorneys
There is a lot of confusion in the general public about the state crime of vehicle burglary and the activity that it covers.
While taking something that doesn’t belong to you from someone else’s car or truck without permission is almost always illegal, the vehicle burglary statute doesn’t always apply. Conversely, it is possible to be convicted of vehicle burglary even if you never take anything at all.
You can see why the subject causes so much confusion, but this web page will help to clarify the distinctions for you. After all, if you’re under suspicion or investigation for alleged vehicle burglary, you need to understand the specific charges against you.
Every state takes vehicle burglary crimes very seriously. The County District Attorney’s Office is tough on alleged car theft, as well as some of the conduct we see surrounding these crimes. Defendants should expect the prosecution to proceed against them aggressively. That’s why it is so important to have an equally aggressive law firm on your side.
If you are currently under charge for a vehicle burglary, you need to take urgent action to protect yourself. Please contact the vehicle burglary defense attorneys at The The Criminal Defense Firm today.
We understand that these cases aren’t always what they seem to be. We’ve seen innocent misunderstandings, teenaged pranks, cases involving misidentified vehicles, and other unintentional mishaps spiral into full-blown criminal prosecutions.
No one deserves to pay the government’s high price for a single mistake. The consequences for a vehicle burglary conviction can be very steep. We want to help you overcome the charges so that you can avoid those penalties and keep your life on track.
We have successfully defended people just like you against a wide range of theft, trespass, and burglary charges. Often, we’ve been able to negotiate a full dismissal of the charges. That is our goal, and we’d like to fight for that goal in your case, too.
Put our highly experienced team on your side
Brian J. Kuester
Former U.S. Attorney
Former DA
Amanda Marshall
Former U.S. Attorney
Local Counsel
Joe Brown
Former U.S. Attorney
& Former District Attorney
Local Counsel
John W. Sellers
Former Senior Trial Attorney
U.S. Department of Justice
Local Counsel
Linda Julin McNamara
Former Chief, DOJ Appeals
Local Counsel
Joanne Fine DeLena
Former Assistant U.S. Attorney
Local Counsel
Aaron L. Wiley
Former Federal Prosecutor
Local Counsel
Roger Bach
Former Special Agent (OIG)
Chris Quick
Former Special Agent (FBI & IRS-CI)
Kevin M. Sheridan
Former Special Agent (FBI)
Ray Yuen
Former Supervisory Special Agent (FBI)
Dennis A. Wichern
Former Special Agent-in-Charge (DEA)
Defining Vehicle Burglary
State defines vehicle burglary as entering a vehicle, without the owner’s consent, with the intent to commit a felony or a theft.
Note that nothing in the definition requires you to actually take any property. Rather, the prosecution only has to prove three things:
- You entered the vehicle,
- You did not have the owner’s consent to enter the vehicle, and
- You intended to commit a felony or theft.
As experienced vehicle burglary defense attorneys, we are often able to effectively challenge all three of those allegations. The intent element is particularly vulnerable to attack. The prosecution can’t read your mind, after all. These cases usually involve a police officer attempting to piece together the events after they’ve occurred, and that leaves the door open for speculation and guesswork.
There might also be a question of consent. It isn’t uncommon for there to be a misunderstanding between the person entering the vehicle and its owner. In some cases, owners have even been known to lie about whether they granted consent.
You should know, though, that the statutory language is often construed in the prosecutor’s favor. You can (enter) a vehicle, for example, if any part of your body is inside even just a finger. In fact, even if you’re completely outside but you are alleged to have been in contact with some object (like a crowbar, wire hanger, flashlight, or magnet) inside the vehicle, that may be sufficient to constitute an entry.
You can even be convicted of burglarizing an unlocked vehicle.
Note: Taking something from the outside of a vehicle generally doesn’t constitute an “entry.” So while stealing hubcaps or tires might be illegal on other grounds, that act alone usually won’t support a vehicle burglary charge. Truck beds are a different story, though. Reaching into an open truck bed with criminal intent can be enough to satisfy the elements of the crime.
A Note on Teenagers and Car Hopping
“Car hopping” has become something of a trend among teens. In the typical case, a small group of teens will quickly go from one vehicle to the next in a crowded parking lot, looking for unopened doors that will allow them to quickly grab some cash or personal property from inside.
Because teenagers aren’t always keenly aware of the consequences of their actions (and are very vulnerable to peer pressure), they might be led to believe that this behavior is nothing more than a harmless prank or pastime. On the contrary, it can be treated as a serious crime. It also opens the door for police to rope nearby teenagers into a prosecution when they weren’t involved.
If you or your children have been accused of car hopping, our vehicle burglary defense lawyers can help.
Schedule a Free Consultation
The Criminal Defense Firm is ready to fight for you. Every second matters, so don’t delay. Contact our office at 866-603-4540 to set up a free consultation as soon as possible. Let us help.
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