California Penal Code § 466 PC – Possession of Burglary Tools

California Penal Code 466 PC makes it a crime to possess certain tools with the intent to commit burglary, theft, or another unlawful entry. These tools can include common items such as screwdrivers, crowbars, pliers, or even keys that have been altered—meaning you can face charges even if no break‑in ever occurred.

This law exists to stop crimes before they happen by targeting individuals suspected of preparing to commit a burglary. While the offense is classified as a misdemeanor, it carries serious consequences, including possible jail time, fines, and a permanent criminal record that can affect employment, licensing, and immigration status.

If you or someone you care about has been accused of possessing burglary tools, early legal representation can be critical to protecting your future. Contact The Law Offices of Arash Hashemi today to speak with an experienced Los Angeles criminal defense attorney and learn how we can fight the charges against you.

What Is Possession of Burglary Tools in California?

Under California Penal Code 466 PC, it’s illegal to possess certain tools with the intent to use them for burglary, theft, or any other unlawful entry into a building, vehicle, safe, or other secured space.

The law applies whether the tool is specifically made for breaking in or is a common household item adapted for that purpose.

Examples of burglary tools under PC 466 include:

• Picklocks and lock-picking devices

• Crowbars and pry tools

• Screwdrivers, pliers, and similar hand tools

• Altered or “bumped” keys

• Slim jims or other devices for opening locked car doors

• Any other tool or instrument capable of breaking into property

Key Point: Simply owning or carrying one of these tools isn’t automatically illegal. Prosecutors must also prove you intended to use it for burglary or theft.

How Prosecutors Prove a PC 466 Violation

To convict someone of possession of burglary tools, prosecutors must prove each element of the offense beyond a reasonable doubt. If even one element is missing, the charge cannot stand.

The prosecution must show that:

1. You possessed a burglary tool – This can be a tool specifically designed for unlawful entry (like a lock pick) or an ordinary item adapted for breaking in (such as a screwdriver or crowbar).

2. The tool was capable of being used to commit burglary or theft – The law applies to tools that can be used to break locks, pry open doors or windows, or otherwise gain unauthorized access to property.

3. You intended to use the tool for burglary or theft – Prosecutors must prove criminal intent. This means they must show you planned to use the tool to unlawfully enter a building, vehicle, or secure container and commit a crime inside.

Importantly, mere possession is not a crime. Carrying a screwdriver in your toolbox or work bag is perfectly legal. The state must present additional evidence — such as statements you made, the circumstances of your arrest, or related conduct — to prove you had an unlawful purpose for possessing the tool.

What Are the Penalties for Possessing Burglary Tools?

In Los Angeles County, PC 466 is charged as a misdemeanor, but judges and prosecutors often treat it seriously, especially if it’s tied to other theft or burglary charges.

Criminal Penalties

• County Jail: Up to 6 months

• Fines: Up to $1,000

• Probation: Summary probation with strict conditions, such as staying away from certain areas, obeying all laws, and agreeing to searches

While probation is common for first-time offenders, repeat offenses or aggravating circumstances can result in maximum jail time.

Collateral Consequences

• Employment: Many employers view theft or burglary-related convictions as a serious trust violation

• Immigration: For non-citizens, PC 466 can be considered a crime involving moral turpitude, potentially leading to deportation or denial of re-entry

• Licensing: Professional licenses in fields like real estate, contracting, or security may be denied, suspended, or revoked

Repeat Offenses & Aggravating Factors

While PC 466 remains a misdemeanor, a history of theft-related charges can result in harsher probation terms or maximum jail sentences.

Related California Offenses

• [PC 459 – Burglary]
  Involves entering a building, room, or vehicle with the intent to commit theft or any felony. If burglary tools are found, prosecutors often allege they were intended for the burglary itself.

• [PC 602 – Trespassing]
  Charged when a person unlawfully enters or remains on another’s property. Often paired with PC 466 when someone is found in a restricted area with burglary tools.

• [PC 594 – Vandalism]
  Applies if property is damaged, defaced, or destroyed — for example, breaking a lock or prying open a door with burglary tools.

• [PC 484 / PC 488 – Petty Theft & PC 487 – Grand Theft]
  Theft charges may be added if prosecutors believe the tools were intended to steal property. Petty theft applies to items valued at $950 or less; grand theft applies to higher amounts.

Legal Defenses to PC 466 Charges

Fighting a charge for possession of burglary tools under Penal Code 466 often comes down to proving what you intended to do with the alleged tools. The prosecution must show not just possession, but also that you meant to commit burglary or theft. Depending on the facts, our Los Angeles criminal defense attorney may use one or more of the following strategies:

• Lack of Intent to Commit Burglary
  Simply having a tool that could be used for burglary is not enough. If there is no proof you intended to use it to commit a crime — for example, you were carrying it for work or another lawful purpose — you cannot be convicted under PC 466.

• Lawful Possession of the Tool
  Many tools listed under PC 466, such as screwdrivers, hammers, or pliers, are legal to own and carry for legitimate uses. If you had the tool for home repairs, employment, or another lawful reason, this can be a strong defense.

• Unlawful Search and Seizure
  If law enforcement discovered the alleged burglary tools during an illegal stop, search, or arrest, we can move to suppress the evidence under the Fourth Amendment. Without the tools as evidence, the prosecution’s case may fall apart.

• Mistaken Identity
  In some cases, police mistakenly identify the wrong person as possessing the tools, especially in group situations or where the tools were found in a shared space.

• Insufficient Evidence
  Prosecutors must prove each element beyond a reasonable doubt. If their case relies on speculation or weak circumstantial evidence, we can challenge the credibility of witnesses, the chain of custody for the tools, or the alleged connection to a burglary plan.

Arrested for Possession of Burglary Tools? Contact Us Today

If you are facing charges for possession of burglary tools under Penal Code 466, the sooner you have experienced legal representation, the better your chances of protecting your rights and future. With over 20 years of criminal defense experience, The Law Offices of Arash Hashemi provides proactive defense strategies — including pre‑filing intervention — to help prevent charges from being filed or to fight for a dismissal or reduction.

Our firm represents clients throughout Los Angeles County, including Santa Monica, Westwood, Culver City, and Beverly Hills. Contact our office today to speak directly with Attorney Arash Hashemi about your case in a free, confidential consultation.