Burglary tools possession

Example 2: Suppose that the same person is standing in front of a convenience store with the same crowbar. In this case, the circumstances might indicate that they are intending to burglarize the store. As such they might be charged with possession of a burglary tool. Possession of burglary tools is may be classified as either a misdemeanor or a felony, depending on local laws.

Possession of burglary tools is a separate crime from burglary itself. This means that burglaries committed with the use of burglary tools will result in stiffer penalties than burglaries committed without them. Burglary laws are quite complex and can vary from region to region. Possession of burglary tools is a serious offense, but there may be defenses available.

If you have any questions or need advice regarding possession of burglary tools charges, you should contact a criminal lawyer immediately. A qualified attorney will be able to provide you with sound representation and counsel during court proceedings. Ki Akhbari. He later went on to get a J.

While working as a legal writer with LegalMatch, Ki covered a wide range of topics like breach of contract, criminal, family disputes, and immigration law. Jose Rivera. Law Library Disclaimer.

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Please enter a valid zip code or city. For more information on burglary and related crimes, see Trespassing Penalties , Burglary: Penalties and Sentencing , and Home Invasions.

For example, a person who possesses a screwdriver with the intent to use it to break into a car could be convicted of possession of burglar tools. However, a professional welder who has an acetylene torch has not committed a crime so long as the welder does not intend to use the torch, or allow anyone else to use it, for a nefarious purpose. When a criminal statute is vague so unclear that a reasonable person would not be able to figure out what behavior is being criminalized or overbroad so general that both non-criminal and criminal acts will be caught in its net , courts will not enforce it.

Defendants charged with possessing burglary tools have often raised one or both of these arguments, but courts have been largely unreceptive. Possession of burglary tools may be a felony or more often a misdemeanor. In most states, possession of burglary tools is punishable by no more than one year in jail or prison and a fine. If you are charged with possession of burglar's tools, you should talk to a local criminal defense attorney. Any criminal conviction, even a misdemeanor conviction, can result in time in jail, a fine, and a criminal record, which can make it difficult to obtain a job.

An attorney can help you protect your rights and obtain the best possible outcome under the circumstances. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Market Your Law Firm. Lawyer Directory. Call us at 1 What Makes an Item a "Burglar's Tool? Even everyday, innocent items can be criminalized, depending on the intentions of those who possess them.

Intent to Commit a Burglary How does a prosecutor show that the defendant possessed a tool, especially an everyday tool like a hammer, with the intent to commit burglary?

Defining Burglary Tools In many states, burglary tools are broadly defined as any tool, instrument, or other object "adapted, designed, or commonly used" to force entry into a building or commit theft.