If a person has the purpose to use the item to commit burglary or another crime, almost any object that may be used to force entrance into a structure or pick a lock can be a burglar's tool. Many states, although not all, have laws prohibiting the use of burglary tools (also called burglary tools or burglarious tools). California is one of these states.
If you have been charged with this or another theft crime, contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.
Proving tools were possessed for reasons of burglary
How can a prosecution prove that the defendant had a tool in his possession, especially a commonplace item like a hammer, with the intent to conduct burglary? Occasionally, the defendant will admit his or her guilt.
In other instances, the circumstances can reveal the defendant's criminal intent. For example, if a hammer, a pick, and a screwdriver are discovered in a person's bag outside a drugstore while attempting to force open a door, a jury or judge may fairly conclude that the individual acquired these weapons with the purpose to commit burglary.
Examples of burglary tools
If the jury decides that the defendant has them with the intent to commit burglary (or a comparable offense), the following tools may be deemed burglary tools:
- Crowbars
- Slim Jims
- Master keys
- Screwdrivers
- Hammers
- Ceramic spark plugs
- Torches and other equipment that can burn through concrete or steel
Even pieces of clothing, such as masks and gloves, that may be used to conceal a person or a person's fingerprints, can be deemed burglary equipment in some states.
Defining burglary tools
Many jurisdictions describe burglary tools as any tool, instrument, or other thing that is "adapted, designed, or regularly used" to force entrance into a structure or conduct larceny. The legislation in other states includes a list of forbidden goods. The tool must be possessed in order to conduct burglary, theft, trespass, or force entrance into a structure or container under any kind of legislation (the requirement varies depending on state law).
A person who has a screwdriver with the purpose to use it to break into a car, for example, might be charged with possessing burglar tools. A professional welder using an acetylene torch, on the other hand, has not committed a crime if the welder does not plan to use the torch, or allow anyone else to use it, for a criminal purpose.
Fighting charges of possession of burglary tools
The most common defense against this crime is showing that there is reasonable doubt to believe that these tools were being used for purposes of burglary. If you have been charged with this or related theft crimes, please do not hesitate to contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.