Burglary is an umbrella term covering a wide range of criminal acts. One such offense is burglary of a vault or safe, which only applies to vaults and safes. Burglary is defined as entering a building or other structure without authorization with the intent to perpetrate a criminal act. If you break into a safe, vault, or a similar secured location armed with explosives or torches and your conduct matches the above description, you will likely face burglary of a vault or safe charges. This act is charged as a felony.

 If found guilty, you'll have to pay significant fines and serve lengthy prison terms. Defending yourself against criminal charges can be difficult, which is why you should choose an attorney with experience in this area. If you are facing charges for the burglary of a vault or safe in Santa Ana, our team at the California Criminal Lawyer Group is best equipped to provide legal support.

 An Overview of Burglary of a Vault or Safe Under California Law

 According to California PEN 464, it is illegal to get into a structure or structure without authorization to perpetrate a criminal act and, once inside, break open a vault, safe, or any other secured location using explosives, acetylene torches, electric arcs, thermal lances, burning bars, oxygen lances, or any other similar tool that can burn through steel or concrete.

 The term "explosives" refers to anything that can cause an explosive reaction, such as dynamite, gunpowder, nitroglycerin, etc.

 Burglary, as defined by California PEN 459, is the act of breaking into a secured structure, building, or vehicle with the intent of carrying out grand theft, petty theft, or another felony. A defendant can commit a burglary of a:

 A building used for commercial purposes which you accessed while it was open for business

  • An inhabited structure.

 Under California PEN 464, it makes no difference whether the structure is occupied. In contrast to PEN 459, which also applies to burglaries, it makes no difference whether the structure in question was a residential or commercial one. What's important is the fact that the perpetrator went inside the structure. The charges could be dropped if there's no proof that the defendant was inside the structure.

 What the Prosecutors Must Prove

 The prosecution must establish the accuracy of the following to get a conviction.

  • The accused entered a structure.
  • They attempted to gain entry to a safe, vault, or another locked location while in the building.
  • They utilized a torch or an explosive to break into or attempt to break into the safe, vault, or another secured space.
  • They got into the premises with the specific intent of committing an offense or another prohibited act, for example, petty or grand theft.

Grand theft is defined as the illegal taking of someone else's property worth over 950 dollars to deprive that person of the said property. However, if the act of theft involved a firearm, car, or animal, it would still be considered grand theft even if the item's worth was below $950.

A similar concept applies to petty theft, with an exception being the value of the property in question is lower than $950.

Keep in mind that it is not necessary that you successfully break into the safe, vault, or secured location. As long as the prosecutor can prove their argument, an attempt is enough to get you convicted under PEN 464.

Below is a thorough analysis of the elements of this offense.

You Went Inside a Building/Structure

The defense must demonstrate that you entered a building. You don't have to have your whole body in the building to gain entry into it. It could entail having one part of the body inside the structure, like extending a hand to open the safe.

Cameras are useful for proving that an offender entered the building. Surveillance footage is among the most credible and direct evidence that can be used by the District Attorney. Nevertheless, surveillance footage might not always be accurate. Burglars typically wear clothes designed to hide their faces, such as masks, dark-colored clothes, and eyeglasses.

In many cases, it could be difficult to identify the offender right away. Your attorney can question the evidence presented by the prosecution that identifies you as the perpetrator. Furthermore, the effectiveness of being identified as the person entering the building depends on the video's quality. Outdated equipment produces blurry pictures or videos, which leaves the possibility for misidentification.

Blind spots can occur on cameras. If the perpetrator was aware of blind spots and used them to stay out of the camera's view, the prosecution's use of the footage to show your presence on the premises at the moment of the purported crime can be questionable.

It's important to note that PEN 464 is not concerned with what kind of building you enter or at what time. What counts is the fact that you were able to enter the structure.

Intent To Commit or Perpetrate An Offense

Prosecutors have the burden of proving that you got into the building with the specific intent of committing a crime once you were there. It might be challenging, but not impossible, to demonstrate criminal intent. Every case also presents a different set of evidence to support intent.

Eyewitness testimony could be used as evidence by prosecutors. In such cases, a witness could attest that the accused person expressed his or her desire to commit a crime after entering a building. If there are no eyewitnesses, the prosecution will use surveillance footage.

A prosecution will concentrate on the defendant's activities using CCTV footage. When a perpetrator checks to make sure nobody is looking before sneaking inside a building, it can be assumed that they are trying to commit a crime without being noticed. This act can show intent.

Offenders will sometimes resort to physically immobilizing their victims to stop them from calling for help. They'll bind the victims up using tape, rope, or zip ties. The usage of these supplies supports the inference that the act was premeditated by the offender. The items, therefore, provide proof of intent.

Breaking into a Vault or Safe or Attempting To Do So

Because an attempt is important for being convicted, the successful completion of the burglary is irrelevant.

It's important to remember that PEN 464 is only violated if the offender breaks into or attempts to gain entry into a vault, safe, or locked place, even if they have access to the building itself.

The prosecution will likely use surveillance footage to prove their case against you. If there is no video, forensic evidence can be used. Torch markings, explosives present at the scene, and metal fillings—all signs of a failed attempt to open the safe or vault—can be presented as proof by the investigative team.

All of this evidence still needs to be linked to you. As a result, evidence such as your DNA found at the crime scene, or photographs or videos of you inside the vault, safe, or secured location, will be utilized to prove that you are guilty.

Torches and Explosives

Evidence of tools used in the break-in of a vault, safe, or another secure location must be presented by the prosecution. Explosives and torches can melt through the steel and concrete of a safe or vault.

Examples of Acts That Meet the Definition of a Burglary of a Vault or Safe Under PEN 464

Below are a few examples of acts that violate PEN 464:

  • Utilizing gunpowder or acetylene torch to break open a vault or safe.
  • Trying to break into a shop using a torch.
  • Using explosives to break into the vault of a bank.

Possible Legal Defenses For PEN 464 Charges

If you want to increase your chances of getting a favorable result, you need an experienced legal team. A skilled attorney will use a variety of defenses to refute the evidence presented against you. The specifics of the case will determine the best defense strategy.

The following are common legal defenses used in such cases.

No Intention to Perpetrate a Criminal Act

If the prosecution can show that the defendant entered a building with criminal intent, they are more likely to succeed in getting them convicted. This is difficult to prove but works in favor of the defendant.

It can be challenging to establish that a person was planning on stealing something before entering a building. To prove the intention, the prosecution needs concrete evidence. Burglary isn't the act of planning a crime within a structure. But doing this could lead to theft allegations.

The D.A. frequently uses eyewitness testimony or the presence of burglary gear, in such a case, torches or explosives, to show burglary intent. Possession by itself, though, is insufficient. Your lawyer could claim that you had intent after entering the building rather than before.

No Safe or Vault

The violation of PEN 464 requires making an effort to enter a safe, vault, or other secured location. Therefore, prosecutors must provide proof that the vault, safe, or another protected area that you purportedly tried to get access to exists. The prosecution should also show that there was an alleged attempt to enter these secured places.

So, if you're suspected of breaking into a vault or safe, showing that you didn't try breaking into it is a good defense strategy. Another line of defense is proving that the vault or safe never existed. If there is no vault or safe on the premises, then you wouldn't be violating PEN 464.

No Explosives or Torches

It's up to the prosecutors to provide evidence to support their assertion that you infringed PEN 464 provisions by using a torch or explosives. So, trying to break into a safe with a sledgehammer or trying to guess the key combination is not violating PEN 464.

You Have Been Misidentified

Misidentification incidents happen often. Someone could falsely accuse you of taking part in the burglary of a vault or safe. Prosecutors cannot pursue the case further if they cannot find supporting evidence. The prosecutors could try to identify the actual offender using CCTV footage.

If the video evidence is of low quality, your lawyer can cast doubt on its reliability. Also, if you have an alibi, it will be even harder to pin you down as the perpetrator.

Police Misconduct

Criminal defendants also have legal rights under the law that must be respected. If police officers violate your rights, the case can be challenged and the allegations dropped. Police officers often violate the following rights:

  • Miranda rights — Before making an arrest, police must recite the Miranda rights to the person they are taking into custody. It is against the law to fail to notify a defendant of their legal right to counsel and their option to stay silent. Any proof of failing to read the Miranda rights—including confessions acquired after being arrested—will be disregarded.
  • Fourth Amendment rights — Everyone is protected from unlawful searches and seizures under the Constitution. Law enforcement officers should always provide search warrants. If this condition is not met, then the search process is illegal. Your defense attorney will contest the admissibility of any evidence uncovered during the search. If the judge determines that the law enforcement officials violated the accused person's rights, the charges will almost certainly be dropped.

Claim of Right

A defendant can claim they have ownership rights over a property. Whatever efforts you undertake to retrieve your property cannot constitute an infringement of PEN 464. The right claimed can be either actual ownership or a justifiable belief in the owner's ownership.

Penalties For Vault or Safe Burglary Offenses

It is a felony offense to break into a vault or safe. This offense carries a potential prison term of seven years and/or 10,000 dollars in fines, or both, depending on the circumstances surrounding the crime.

The court could grant a formal probation sentence to substitute for prison incarceration.

In addition to the other conditions, the judge can order you to complete a certain number of hours of community service and demand that you continue to stay under supervision. If you break the terms of your probation, the judge could reimpose the prison sentence and terminate your probation.

Being convicted of a felony for these charges could affect your right to own a firearm. Your gun ownership rights will be revoked. Any possession of a firearm after being convicted is considered illegal and triggers further legal action.

In addition, convictions under PEN 464 have an impact on a non-citizen immigration status. Offenses under PEN 464 can result in deportation. As a result, non-citizens found guilty under this law could be deported back to their countries and barred from entering the US again.

Crimes Related to Vault or Safe Burglaries

Four different offenses are related to PEN 464.

  • Burglary under PEN 459.
  • Possessing burglary tools under PEN 466.
  • PEN 469 which prohibits making duplicate keys for state buildings.
  • Robbery under PEN 211.

Burglary

Unauthorized entry into a closed building or automobile to perpetrate a felony, grand theft, or petty theft is a violation of the law. Such behavior falls under PEN 459's definition of burglary. Below are the key components of the offense that the prosecution must establish.

  • The defendant broke into a locked vehicle, a room inside a structure, or both.
  • When they entered a secured structure, building, or automobile, the defendant had the intention of committing theft.

One or all statements are also true:

  • The stolen goods were worth more than $950.
  • The defendant entered a structure that wasn't a commercial structure.
  • The structure was a commercial building, but the offender entered it after hours.
  • Even though there wasn't any forced entry, you could still be prosecuted with a PEN 459 charge.

There are two degrees of burglary; first and second degree. First-degree burglaries involve breaking into someone's residence, whereas second-degree burglaries involve breaking into commercial structures during after-hours. Both include theft to commit a felony, petty theft, or grand theft.

Felony convictions for first-degree burglaries carry sentences of 2, 4, or 6 years behind bars, and/or fines of $10,000. As an alternative, the court could impose probationary periods rather than jail time. According to the Three Strikes Law in California, burglary offenders receive strikes on their record.

However, second-degree burglaries are charged as wobblers. The state may seek either a misdemeanor or felony conviction. Misdemeanor convictions carry possible one-year jail terms, $1,000 in fines (or both), and/or summary probation.

Possessing Burglary Tools

Possession of burglary tools is a crime under Penal Code 466. You have burglary tools if you're found carrying among the 15 things that the law defines as burglars' tools. Additionally, you should have planned to perpetrate a burglary. These tools or items include:

  • Picklocks.
  • Key bits.
  • Sledgehammers.
  • Screwdrivers.
  • Clamp-on pliers.
  • Chips from spark plugs and tension bars.
  • Master keys.

Context is crucial. The majority of the tools described above are owned, used, and possessed by people who work in construction. It is therefore usual to see construction workers and contractors using them.

You might even own several of these items. Therefore, prosecutions under PC 466 are predicated heavily on the offender's premeditated burglary. The case could be dropped if the prosecutor is unable to establish intent.

A violation of PEN 466 is charged as a misdemeanor. If found guilty, the maximum penalty is $1,000 in fine, with a maximum of 6 months behind bars, or both.

Making a Copy of a State Building's Key

Any person who copies a state building's key in California without legal authorization violates PEN 469. Public schools, libraries, and other government structures that belong to the state are all considered state buildings. If the prosecutor can demonstrate each of the following, the court could convict the defendant of a Penal Code 469 violation:

  • The defendant intentionally created a copy or assisted in making a copy of a state building's key.
  • Also, if an individual uses the copied key, they are liable for the crime.
  • The defendant attempted to copy, help someone else copy, or utilize the key that opens a California state building.
  • The defendant did not have permission from the person overseeing the building.
  • The offender was aware that they were not authorized.

It is illegal to have a copy of a state building key created without permission. You'll be charged with a misdemeanor offense if you're accused of making a duplicate state-building key. This violation has a potential jail term of six months as well as a maximum fine of one thousand dollars, depending on the severity of the crime committed.

A judge also has the option of granting probation as a sentence rather than time in jail.

Robbery

Under PC 211, it is illegal to forcibly and unlawfully steal someone else's personal belongings from their person, immediate presence, or against their will using force or fear. The offense is defined under PEN 211 and has specific elements that must be proven by the prosecution before you are found guilty. They include:

  • You seized another person's property.
  • That property belonged to someone else.
  • You stole something from someone else or their immediate person.
  • You seized the belongings against the other person's will.
  • You intimidated or utilized force to seize someone else's belongings or to stop them from resisting.
  • You intended to deprive the proprietor of their rights to their property by employing force or intimidation for an extended period that would prevent them from receiving a large percentage of the property's value.

Based on the nature of the offense, being found guilty could have you convicted and subject to a range of harsh penalties.

Find a Santa Ana Criminal Defense Attorney Near Me

To effectively fight the allegations of burglary of a vault or safe, it's in your best interest to work with a skilled criminal defense lawyer, regardless of the specifics of the case. Our team at California Criminal Lawyer Group is fully prepared to take on your case thanks to our experience in such matters. We provide legal assistance and court representation to clients in Santa Ana who have been accused of violating California PEN 464. Call us today at 714-844-4151.