Laws that define theft offenses can be very complex and confusing. The alleged offense of stealing another person's property or item could quickly turn from simple theft into burglary, depending on the facts of your case. Burglary is one of the most severe theft crimes you could face because it carries hefty fines and lengthy jail times upon conviction.

When charged with burglary of a safe under Penal Code (PC) 464, retaining the services of a defense attorney would be a brilliant idea to protect your legal rights and help you obtain a desirable outcome. Defending yourself through every stage of the legal justice system presents the only hope of reducing the possible detrimental consequences of the offense's conviction on your freedom and reputation. Even if the prosecutor obtains a conviction against you, with the help of your defense attorney, you can appeal the court’s decision to secure the best possible outcome, including a reduced sentence.

California Criminal Lawyer Group is a reputable law firm that can represent your best interests and increase your chances of securing a desirable judgment if you are in trouble with the law. Do not hesitate to contact us if you are under investigation or charged with a PC 464 violation in Bakersfield.

Burglary of Vault or Safe Offense at a Glance

Burglary laws protect people's privacy and property because, in burglary, you do not have to steal or take away another individual's item to be guilty of the offense. You could be guilty of burglary if the prosecutor can prove that you entered another person's premises or residence without permission with the criminal intent to steal an item once inside, even if your mission was unsuccessful.

PC 464 specifically makes it a crime to break into another person's vault or safe using explosives, torches, or other approaches, like safe blowing and safe cracking. The prosecutor could obtain a conviction against you for a PC 464 violation if he/she can prove that you used explosives to open or break into another person's vault, regardless of whether:

  1. The establishment was a commercial or residential one.
  2. You entered the establishment during the day or at night.
  3. The establishment was inhabited or not.
  4. The occupants of the establishment were inside or not.

Scenarios That Could Attract a Charge Under PC 464

Below are examples of scenarios or acts that could attract PC 464 charges:

  1. Rogers enters another person's jewelry store or shop at night using a duplicate or master key. Once inside, he uses explosives to break into a safe and steal all the jewelry inside it. According to PC 464, Rogers will be guilty of a PC 464 violation since he had to use an explosive to open the safe.
  2. Tony enters another person's house illegally through an open window. Once inside, he uses gunpowder to open a vault or safe that he believes has valuable items. In this situation, Tony could be guilty of a PC 464 violation even if he did not take or steal the vault’s contents because he had to use gunpowder to open the safe illegally.
  3. Miriam enters a bank, and once inside, she uses a torch to open a safe, managing to steal wads of cash that were inside the vault or safe.

Bail Eligibility After an Arrest for an Alleged PC 464 Violation

Once you are in police custody on suspicion that you are a culprit in a burglary case, you should worry about securing your freedom as soon as possible. Posting bail is one way you can do that to protect your freedom as the alleged case moves through various stages of the legal justice system.

Bail is the court-set or predetermined amount you must pay the court’s clerk to assure the judge you will return to court as scheduled to challenge the allegations you are up against for the best attainable outcome. Unfortunately, not every arrestee is eligible for a release from jail on bail upon an arrest.

When determining whether you are an excellent candidate to obtain your freedom on bail, the judge presiding over your case will consider some factors, including:

  1. Your community and family ties.
  2. Your behavior in court.
  3. Your record of showing up in court after posting bail.
  4. Whether you are a flight risk.
  5. Your criminal record.
  6. The facts and sophistication of your unique burglary case.

Once the court sets your bail, you can pay the required amount using cash, equivalent property, or a bail bond to secure your freedom. Although bail is not a punishment for your offense, a PC 464 violation will likely attract a high and unaffordable bail amount. However, you do not have to worry if your bail amount is unaffordable.

With the help of your attorney, you can work with a bail bondsman to secure a release from jail on bond. A bail bond is an agreement between the court and a bondsman, promising to pay your full bail amount when you fail to appear in court after your release from jail on bail.

Different Degrees of Burglary involving a Vault or Safe

According to PC 459, the burglary offense falls under two classifications, depending on the offense's location. These classifications or degrees of burglary will come into play when determining an appropriate sentence for your offense upon a PC 464 violation conviction.

Here are two degrees of burglary that you ought to know if you are under arrest or investigation for an alleged PC 464 violation:

  • First-degree (FD) Burglary

You would be guilty of FD burglary if the vault in question were in another person's residence or premises, even if he/she was not present at the time of the offense. In this situation, the residence could be either of the following:

  1. A boat.
  2. A house.
  3. A room with dwellers.
  4. A trailer coach.
  5. A room.
  6. A motel or hotel.

The burglary of a vault in either of the above places is a severe offense in the eyes of the law. Also known as residential burglary, FD burglary will attract severe penalties upon conviction.

  • Second-degree (SD) Burglary

The prosecutor will file your case as SD burglary if the offense occurred in a store or business area. SD burglary is chargeable as a misdemeanor, but the prosecutor could decide to file your case as a felony under certain circumstances.

Even when the prosecutor files your offense as a misdemeanor, PC 464 charges could be challenging to fight without an attorney. Although an attorney cannot guarantee a win, he/she can increase your chances of securing a favorable outcome.

Elements of the Crime in a PC 464 Violation Case

The prosecutor must prove specific facts beyond a reasonable doubt at trial to obtain a conviction against you. Some of these facts, also known as "elements of the crime," include:

  • You Entered Another Person's Building

If the prosecutor can prove that you unlawfully entered another person's building without the owner's consent, you would be guilty under PC 464, regardless of whether it was inhabited or uninhabited. Some of the evidence the prosecution team could use to prove that you entered another person's building illegally includes:

  1. Surveillance videos.
  2. Eyewitness testimonies.

  • While Inside the Building or Structure, You Attempted or Opened a Vault or Safe

You would be guilty of a PC 464 violation if the prosecutor could prove you attempted to open a safe or vault upon entering another person's building or establishment, even if your intended plan was unsuccessful.

The prosecutor could eliminate doubt in his/her case to secure a PC 464 violation conviction against you by presenting reports or evidence from forensic experts and eyewitness testimonies. For instance, a hair follicle or fingerprint can place you at the offense scene, making you the prime culprit.

  • You Used a Torch or Explosives to Open the Safe

Evidence of the tools or devices you used to access or open the safe is crucial in your case. According to PC 464, a torch is any device or tool that can melt a vault's lock, making it hassle-free to remove or steal its contents. Here are some of the devices that the court will consider a “torch” under PC 464:

  1. Burning bar.
  2. Oxygen lance.
  3. Electric arc.
  4. Thermal lance.

Other dangerous devices you can use to commit this offense are explosives, including gunpowder, nitroglycerine, and dynamite.

  • You Had the Intent to Commit a Crime

Another crucial element the judge will expect the prosecutor to prove to obtain a conviction against you for a PC 464 violation is your intention or motive when entering the establishment or building. Since proving your mental intent when entering the building could be challenging for the prosecutor, he/she will strive to prove to the judge that you had no other business or purpose in that particular establishment.

Additionally, having explosives and torches in your possession could further convince the judge that you illegally entered the establishment with the criminal intent to break or blow open a vault to steal the content hidden inside.

Sentencing and Penalties You Could Receive Upon a PC 464 Violation Conviction

Since a PC 464 violation is a felony, a sentencing hearing must occur within twenty days (20) after a conviction at the trial hearing. However, the judge could extend this period for not more than ten (10) days for the following reasons:

  1. The judge requires a recommendation from the probation officer to determine an appropriate sentence for your offense.
  2. A psychiatrist or psychologist report is needed to decide whether or not you are insane.
  3. You or your attorney have filed a motion for a new trial.

The court can require you to post bail or remain on bail to assure your availability during the sentencing hearing. During your case's sentencing hearing, the court will consider the following to determine an appropriate sentence for your offense:

  1. The prosecutor's aggravating arguments or reasons for harsher penalties.
  2. Your attorney's mitigating arguments or reasons to convince the judge you deserve the minimum sentence possible for your violation, for example, lack of criminal record.
  3. The probation officer's recommendations.

Since a PC 464 violation is a felony, the penalties you could face at the sentencing hearing are generally more severe than you would expect upon a conviction for a misdemeanor offense. Listed below are examples of penalties you could receive at the sentencing hearing upon a PC 464 violation conviction:

  1. A fine amounting to up to $10,000.
  2. A jail term of up to seven (7) years.
  3. Formal probation.

In addition to the above penalties, a PC 464 violation conviction could attract the following detrimental consequences:

  1. Suspension or revocation of your professional license.
  2. Loss of your legal right to own, possess, or carry a firearm.
  3. Immigration consequences if you are an alien or non-citizen.

Formal Probation as a Sentencing Option for a PC 464 Violation Conviction

The judge could sentence you to formal probation if he/she finds you would likely benefit from this sentencing option instead of serving jail time. Formal probation is the most lenient and minimum sentencing option the court will consider upon a PC 464 violation conviction because it allows you to return to your community and family while complying with the required terms and requirements.

Some of the facts the court will consider when deciding whether you are an excellent candidate for formal or felony probation include:

  1. Your criminal record.
  2. The level of sophistication you portrayed when committing the offense.
  3. The amount of financial loss suffered by the victim(s).

If the court awards a formal probation, you must comply with set terms and conditions for the required period (typically five years). Some of these terms and conditions include (but are not limited to) the following:

  1. Perform community service.
  2. Attend the court-recommended counseling programs (mandatory).
  3. Abide by the required curfew rules.
  4. Pay restitution or compensation to the victim(s).
  5. Consent to regular and random drug tests.
  6. Agree to stay crime-free during the probationary duration.

Best Legal Defenses to Challenge PC 464 Charges

To secure a favorable outcome or a dismissal of PC 464 charges, you must challenge the allegations you are up against with appropriate defenses. Your defense attorney could apply the following viable defenses to obtain a dismissal of the case or a lighter sentence:

  • You are a Victim of Mistaken Identity

The issue of mistaken identity is not uncommon in these types of cases. Even the court understands that a person can bring false allegations under PC 464 due to envy or anger he/she has against you. It is also possible for the actual perpetrator of this offense to bring false allegations against you to cover up his/her wrongdoings or avoid liability for the offense.

Your attorney can investigate your case and help you uncover the false accusation scheme by presenting the testimonies of eyewitnesses who saw you at another place when the offense occurred. If this defense works in your favor, the court will likely dismiss or reduce your charge to a less severe offense.

  • There Was No Safe or Vault

You are only guilty of a PC 464 violation if you attempted or successfully opened a safe or vault. If your attorney can prove, with adequate evidence and clear arguments, that the structure was not a vault or safe, the judge could reduce your offense to burglary, which carries a lighter sentence upon conviction.

  • You Had No Criminal Intent When Entering the Building or Establishment

Recall that for a PC 464 violation conviction, the prosecutor presiding over your case must prove that you had a criminal intent to commit any crime or burglarize a safe upon entering the building. If your attorney can prove that you had a reasonable belief that you had a right to access the building or the vault, you would not be guilty under PC 464.

  • You Did Not Have Torching Devices or Explosives

As previously mentioned, you are only guilty of a PC 464 violation if you used torching or explosive devices to blow open the vault or safe. That means the judge could have a reason to impose a lighter sentence if you used a screwdriver or crowbar to open the safe.

  • You are a Victim of Police Misconduct

The police officers must follow specific rules during any investigation, arrest, or interrogation. For instance, the arresting police officer must inform you of your constitutional rights before interrogations, including the right to retain the services of an attorney and the right to remain silent.

If you were unaware of these crucial legal rights during police interrogation upon an arrest, your attorney could argue that you are a victim of police misconduct to obtain a favorable outcome. Other acts of police misconduct that could convince the judge to drop or reduce your PC 464 charges include:

  1. Illegal or warrantless search and seizure.
  2. Coerced confession.
  3. Excessive use of force during an arrest.
  4. Racial profiling.

  • Lack of Sufficient Evidence Against You

To secure a PC 464 violation conviction against you, the prosecutor must prove all the elements of the crime beyond a reasonable doubt at trial. If he/she cannot prove one of the facts necessary for a conviction under PC 464, the judge could drop or reduce your charges.

Your attorney will aggressively attack weak areas in the prosecutor's case against you to increase your odds of obtaining a desirable outcome.

Offenses Related to PC 464 Charges

It is worth noting that your freedom and reputation are still at stake even if your attorney successfully challenges the prosecutor's case against you. Once your attorney obtains a dismissal of the severe PC 464 charges, the prosecutor could find another related crime to file against you. Some of the related offenses the prosecutor could file against you include:

  • Trespass

According to PC 602, you commit the offense of trespass when you illegally enter another person's property or premises without his/her consent. With proper and convincing evidence, the prosecutor could agree to reduce your PC 464 charges to a trespass offense under PC 602. Since it is chargeable as a misdemeanor offense, the penalties you will face upon a PC 602 violation conviction include:

  1. A fine amounting to up to $1,000.
  2. Up to six (6) months of jail time.

  • Burglary

You commit the offense of burglary when you illegally enter a residential or commercial establishment or a locked car with the criminal intent to commit theft once inside. Unlike a PC 464 charge, you will be guilty of burglary under PC 459 if the prosecutor can prove that you intended to commit theft or any felony offense upon entering the establishment.

When charged with a first-degree (residential) burglary, a conviction could attract a jail time of two (2), four (4), or six (6) years. However, when the prosecutor files your offense as a second-degree burglary, a conviction could carry misdemeanor or felony penalties since it is a wobbler offense.

A felony PC 459 violation conviction will carry a jail time of sixteen months, two years, or three years. However, when charged as a misdemeanor, a PC 459 violation conviction will attract a jail term of up to one year.

  • Robbery

According to PC 211, you commit a robbery offense when you forcefully take another person's item or property from his/her immediate presence. Forcefully taking another person's item means you used fear, intimidation, or threats of violence to achieve your motive. Since robbery is chargeable as a felony, your sentence upon conviction could include a maximum of five (5) years in jail.

  • Possession of Burglary Tools

Many do not know it, but carrying or having any burglary tool in your possession is a crime under PC 466. Examples of tools or devices that qualify as "burglary tools" under this statute include (but are not limited to) the following:

  1. Crowbars.
  2. Pliers.
  3. Screwdrivers.

As long as the prosecutor can prove that you had a device that qualifies as a burglary tool and you had the criminal intent to use it to commit the crime of burglary, you would be guilty under this statute.

Since it is chargeable as a misdemeanor, a PC 466 violation conviction will attract up to six months of imprisonment, a less severe sentence than you would face upon a PC 464 violation conviction.

Find a Criminal Defense Attorney Near Me

At California Criminal Lawyer Group, we would gladly help you if you are under arrest or charged with a PC 464 violation in Bakersfield. We will keenly investigate the details of your case and interview eyewitnesses to prepare the best defenses to help you challenge the charge and obtain a favorable outcome.

Call us at 661-750-8230 to discuss your unique case details with our understanding team of defense attorneys as soon as possible.