Getting caught with common household items like a screwdriver, crowbar, or even a pair of pliers shouldn’t be a crime—unless those items are linked to a suspected burglary. In California, the charge of possessing burglary tools doesn’t just depend on what you have in your pocket or trunk—it hinges on your intent.
At Law Office of Michael L. Fell, we defend clients throughout Southern California who have been charged not with committing a burglary, but with merely possessing items that law enforcement believes were intended to be used in one. While this may seem like a lesser charge, it still carries serious legal consequences and can be used to build a broader case against you.
Here’s what you need to know about how California law treats burglary tools—and what to do if you’ve been accused.
What Does California Law Say?
Under California Penal Code § 466, it is illegal to possess tools commonly used in burglary—such as crowbars, lock picks, screwdrivers, or even master keys—with the intent to use them to commit a burglary or other theft-related crime.
In other words, just having a tool isn’t enough. The intent to commit a crime while possessing the tool is what makes it illegal.
Examples of burglary tools under the law include:
- Lock picks
- Crowbars or pry bars
- Screwdrivers
- Slim Jims (used to open car doors)
- Bolt cutters
- Master keys
- Spark plug chips (used to break windows quietly)
This is a misdemeanor offense, punishable by:
- Up to 6 months in county jail
- A fine of up to $1,000
- Probation and/or community service
- A criminal record that may impact future job opportunities
Intent Is Everything
Because most burglary tools are also legitimate tools with legal uses, prosecutors must prove that you intended to use them to commit a crime. That’s often the most hotly contested part of these cases.
Intent may be inferred from:
- The time and location where you were found with the tools (e.g., near a closed business late at night)
- The combination of tools in your possession (e.g., gloves, a mask, and a crowbar)
- Any previous burglary-related convictions or arrests
- Witness statements or surveillance footage
- Statements made to police
Unfortunately, innocent people often get caught in this web. You may have had a set of tools for legitimate reasons, but if you were in the wrong place at the wrong time, law enforcement may assume the worst.
Common Defenses Against the Charge
At Law Office of Michael L. Fell, we take a strategic approach to defending possession of burglary tool charges. Common defenses may include:
- Lack of intent: You had no plan to commit a crime and the tools were for personal or professional use
- Unlawful search and seizure: Your rights may have been violated if police searched your vehicle or person without a warrant or valid reason
- Insufficient evidence: The tools alone are not enough to prove a crime—there must be strong evidence of intent
- Mistaken identity: You may have been wrongly accused or linked to someone else’s alleged criminal activity
In many cases, we can negotiate a reduction or dismissal of charges, especially for first-time offenders or when the evidence is weak.
Don’t Let a Misunderstanding Become a Criminal Record
Possession of burglary tools may seem like a minor charge, but it can have major consequences. It’s often used by prosecutors to strengthen other theft-related charges or justify further investigation. A conviction—even for a misdemeanor—can follow you for years.
If you’ve been charged with possession of burglary tools in Southern California, don’t leave your defense to chance. Call Law Office of Michael L. Fell at (949) 585-9055 for a confidential consultation. We’ll review your case, explain your options, and fight for the best possible outcome—because having a toolbox doesn’t make you a criminal.