A typical burglary offense is already punishable by heavy penalties in California, but when it involves a safe or vault, the level of punishment becomes even higher. This particular crime is a subcategory of burglary and is pursued very seriously by prosecutors, as it involves more than just breaking. It is directed at a secure container meant to secure valuables, which usually means greater criminal intent and skill. That is why its punishments are severe.
When you are charged with burglary of a safe or vault, your future is at stake. The jurisprudence of this crime is complicated, and the punishment may be life-changing, including years spent in prison and significant fines. You need a Palm Desert attorney who is well-versed in these laws and can develop a strong defense strategy based on your case. Call the Desert Defense Lawyers today to discuss your rights and options. Let us look at the offense in detail.
What Does Burglary With a Torch or Explosives (PC 464) Mean?
California Penal Code 464 defines this theft crime as burglary with a torch or explosives. This is a felony that targets a high-tech and high-risk form of burglary. A typical burglary involves the illegal entry into a building with the intent to commit a felony. However, PC 464 is characterized by accessing a secure area after entering the building. It is a greater offense since it uses tools and materials that are very dangerous to property and human life.
The law specifically criminalizes the act of entering a building to commit a crime and, once inside, using a torch, explosives, or a thermal lance to open or attempt to open a safe, vault, or other secure container.
What makes the crime a more serious offense under PC 464 is using these specific instruments, such as:
- An acetylene torch
- Dynamite
- A thermal lance
The offense is assumed to involve a high level of planning, skillfulness, special equipment, and a well-planned strategy. It is due to this reason that it is handled much more seriously by the legal system than is the case of a normal burglary involving a crowbar or a broken window.
PC 464 does not specify whether a building should be occupied. Thus, you may be charged with this offense regardless of whether the building was occupied. It is enough to convict someone of having used or tried these risky techniques to crack a safe or a vault. It is considered a more perilous crime compared to the elements of burglary and destruction of property.
The fact that the law addresses the means of accessing a safe and not the access to a building is an important distinction. It is intended to specifically penalize those burglars who intensify a burglary by using means that present an increased danger of fire, explosion, and building destruction.
What Prosecutors Must Prove in a Burglary of a Safe or Vault Case
To secure a conviction for a safe or vault burglary, a prosecutor must establish all of the following elements beyond a reasonable doubt.
- You entered a building — Like any other burglary offense, the prosecution must prove that you were inside a structure. This is important since it preconditions the more concrete actions that follow. The structure can be a commercial house or a legally defined structure.
- You entered to commit a crime — The prosecutor must show that when you entered the building, you intended to commit a crime there. This is an important factor that sets this crime apart from mere trespass. This does not require an intent to open a safe, but may be to commit another felony if the intent was present at the time of entry. The charge may be invalid if the intention to use a torch or explosives was developed after a legal entry.
- You opened/tried to open a vault, safe, or secure place — This aspect is the core of crime. The prosecution has to demonstrate that you did not only aim at a secure container but also acted to break it. You may have succeeded, or you may not. That you tried to open it will suffice to bring a conviction. This also involves breaking the safe, interfering with the locking system, or attempting to access its contents.
- You applied a particular, statutorily described process — This is the most important aspect and what makes PC464 a unique and serious felony. The prosecution has to establish beyond a reasonable doubt that you used a particular, harmful instrument or substance. The statute is specific and contains:
- An acetylene torch, electric arc, burning bar, thermal lance, oxygen lance, or any similar mechanism, OR
- Nitroglycerine, dynamite, gunpowder, or any other explosive
Unless the prosecutor can prove that you used a crowbar, a drill, or a sledgehammer, he/she has not proved this element, and you cannot be found guilty under PC464, even though you may have successfully opened the safe. Access to the safe is the specific feature of this crime.
The Difference Between PC 464 and Standard Burglary (PC 459)
The definition of the crime is the fundamental distinction between California Penal Code 459 (standard burglary) and Penal Code 464 (burglary with a torch or explosives).
In standard burglary, the crime is the unlawful entry with felonious intent, whereas in PC 464, the crime is determined by breaching a safe or vault. The difference is important, as PC 464 is a more serious separate offense with other legal and plea bargaining consequences.
In standard burglary, the defendant's intention during entry is of primary concern to the prosecution. The objects employed, like a crowbar or a key, are merely evidence of that purpose. They do not alter the character of the crime itself. The penalty for standard burglary may differ, and in other circumstances, it may be a wobbler offense, that is, it may either be a misdemeanor or a felony.
Burglary through torch or explosives is an independent and more serious felony. The crime is characterized by the nature of the dangerous equipment needed to open a safe, like an acetylene torch, a thermal lance, or explosives. The application of these tools makes the crime a crime of a much greater legal status since it suggests a greater degree of premeditation, and there is a great danger that it will cause a fire or explosion. It is always a direct felony and can never be a misdemeanor.
PC 464 is a serious felony. Therefore, it cannot be reduced to a misdemeanor. However, a plea bargain for a reduced felony may be negotiated. A competent criminal defense attorney might use the flaws in the prosecution's case against you, that is, the lack of evidence that you used one of the tools listed in the statute (PC 459), to reduce the case to a regular burglary (PC 459). This would be a significant legal win because it strips off the more serious aspects of the PC 464 charge. A plea to another related offense, like grand theft (PC 487), may also be possible in cases where the evidence of the illegal entry is weak but the evidence of theft is strong. Whether you can receive a plea bargain greatly depends on the facts of your case and the evidence against you.
Punishment for PC 464 Conviction
You face serious and non-negotiable penalties if you are convicted of burglary of a safe or vault using a torch or explosives under Penal Code 464. This is much more serious than a typical burglary.
Mandatory State Prison
You will receive a mandatory prison sentence of 3, 5, or 7 years if convicted. The exact sentence length will depend on the nature of the crime and your criminal history.
Three Strikes Strike Status
A strike on your record is consequential. Although several felonies are considered strike offenses under the California Three Strikes Law, PC 464 does not usually result in a strike in and of itself. However, suppose the burglary of a safe or vault led to a distinct "strike" offense, for example, by causing great bodily injury to some other person. In that case, then strike status might be activated.
A prior conviction of a serious or violent felony earns you a strike. If you already have one prior strike and are convicted of any new felony, your sentence is doubled.
Should you have two or more prior strikes and be subsequently found guilty of a subsequent felony, you will be sentenced to 25 years to life in the state prison. The Three Strikes Law drastically affects the punishment given to repeat offenders and thus is a significant consideration in any felony. It is important to know that the base offense may not constitute a strike, but associated acts during the crime may result in this severe classification.
Fines and Restitution
A conviction under PC 464 is associated with a prison sentence and significant financial penalties. The maximum fine you can incur is $10,000. More to the point, the California law mandates that judges impose victim restitution in every criminal case where a victim sustained an economic loss. This means you will be forced to compensate the victim according to the law for all the damages, stolen items, and fines imposed. This may encompass the safety of the safe itself, the items stolen, and any damage they may have caused to the building.
Challenging the Charges
A burglary of a safe or vault is a serious charge that needs a tactical and aggressive defense. An experienced criminal defense lawyer will aim to establish a reasonable doubt by challenging the prosecution's case. Your defense may not be about proving innocence but about making it impossible for the prosecutor to prove every element of the crime beyond a reasonable doubt.
The Tools Presented Do Not Meet the Legal Threshold
This is the strongest and narrowest defense to a PC 464 charge. As we have already determined, the crime is characterized by the instruments used to crack the safe or the vault. The prosecution should establish that you used an acetylene torch, a thermal lance, explosives, or a device statutorily defined as similar.
Your defense attorney can assert that you may have committed a crime, but not that of PC 464.
For example, in the evidence indicating that a grinder, sledgehammer, or drill was used to open the safe, the prosecution failed to prove its case on the most crucial aspect of the charge. Your attorney would present this before the jury. A crime may have been committed, but a grinder and a sledgehammer are not featured in the weapons catalog that constitutes this offense.
This argument compels the prosecution to either dismiss the charge entirely or, more likely, negotiate a plea bargain to a less severe offense, like ordinary burglary (PC 459), with its lower penalties and, in some instances, the possibility of probation.
You Lacked the Required Intent
The specific intent element is a vital part that the prosecution must demonstrate, and your attorney can construct the defense against the burglary charges by disputing this element. To prove a burglary conviction under Penal Code 464 PC, the prosecutors must prove beyond a reasonable doubt that you had some pre-existing criminal intent to commit a felony or theft when you entered the building. If your attorney can cast doubt on your mental faculties at that moment, defeating the burglary charge is possible.
Another important defense tactic is the defense of entering the building with a legal motive but developing the intent to commit a crime sometime after you had already entered the building. For example, your attorney could argue that you went into a building to take cover in a storm or to use a bathroom, and only after you were inside did you decide to steal something. Although this move might still result in a prosecution of a different crime, say grand theft, it would be a complete defense against the more serious burglary charge.
The prosecution must demonstrate that you had formed the criminal intent when you crossed the threshold. This is hard to establish and gives a chance to good defense counsel. Your attorney will thoroughly review all the available evidence, including any statements you may have made to the police, testimony of witnesses, and surveillance video. This is done to point out that there is no concrete evidence that you intended to commit a crime before the incident. In doing so, you can seriously undermine the prosecution, which may result in dismissal of the burglary charge or an attractive plea bargain for a minor crime.
Motions that challenge the evidence (PC 1538.5 Motion)
You may challenge the validity of how the prosecution gathered the most crucial evidence in the case. Your attorney can bring a formal legal proceeding called a Penal Code 1538.5 motion to suppress evidence.
This motion argues that the police found essential evidence (special tools, explosives, or other devices related to the suspected crime) due to an illegal search and seizure of your car, residence, or business premises. The Fourth Amendment to the Constitution of the United States protects individuals against unreasonable searches and seizures. If the investigating police officers infringe upon these rights in the investigation process, the evidence they have gathered is tainted.
If a judge believes that the police have gone beyond what the law permits them to do, for example, by performing a search on you without a warrant, probable cause, or your consent, he/she can declare the evidence inadmissible.
This rule of law is often called the fruit of the poisonous tree doctrine. The criminal police act is the poisonous tree, and the evidence gathered from the police act is the fruit. When the tree is poisoned, the fruit is inadmissible in court.
The failure to present important evidence, especially that which is instrumental in determining the PC 464 charge, may be a lethal blow to the prosecution's side. The prosecution could fail to establish the particular aspects of the crime without the physical evidence of some special tools or explosives. This may lead to the complete dismissal of the charge or compel the prosecution to give a much more favorable plea bargain to a lesser crime. An effective suppression motion essentially strikes the state's case, securing your constitutional rights and offering a strong means of an effective defense.
Find a Criminal Defense Lawyer Near Me
An accusation of burglary of a safe or vault is a life-changing experience. It is not an ordinary theft case, but a severe felony that carries prison sentences and intricate legal requirements to convict. The prosecution faces a heavy burden of proof, from showing that you used a particular, statutorily defined instrument, to show that you had intent when you entered. A PC 464 conviction or a lesser charge may sometimes come down to one piece of evidence or a practical legal objection.
Do not confront these severe charges on your own. There is too much at stake. An aggressive defensive effort can challenge the evidence, dispute the prosecutor's allegations, and work to secure a better result, whether a less serious charge or outright dismissal. Your liberty will be in the hands of a Palm Desert legal team knowledgeable of these laws. To defend your rights and create your strongest defense, contact Desert Defense Lawyers today at 888-293-0396 for a consultation with an expert.
