Understanding Possession of Burglary Tools Criminal Charges

 Posted on July 14, 2016 in Criminal Defense

Some criminal defendants find themselves facing possession of burglary tools, under 720 ILCS 5/19-2, perhaps in addition to burglary charges, and do not understand why they are being charged with this crime. Sometimes they may not have even committed a burglary, and yet they still will be charged with possession of burglary tools. This can be confusing and distressing for the defendant, since the defendant is facing felony criminal charges, with serious consequences, such as loss of their freedom, if they are convicted. A skilled criminal defense lawyer can help you fight burglary and possession of burglary tools charges.

A conviction for the crime of possession of burglary tools does not require that the prosecution show that the criminal defendant had the specific intent to break and enter into a building or dwelling. Rather, possession of burglary tools is a general intent crime, i.e., the mere possession of burglary tools implies that the defendant had a general intent to use the tools for their intended purpose, which is for breaking and entering a building. Possession of burglary tools merely requires that the criminal defendant knowingly possessed tools that are used for the purpose of committing burglary or breaking and entering.

What Are Some Examples of Burglary Tools?

There are a number of tools that could be considered burglary tools for the purposes of a possession of burglary tools charge. For instance, a few common tools that have been found to be burglary tools include:

• Stolen keys;
• Unauthorized copies of keys;
• Keys that are designed for lock bumping;
• Lock picking instruments;
• Lock picking devices;
• Glass cutting tools;
• Explosives; and
• Other tools suitable for breaking into a dwelling or building.

Are There Defenses to Possession of Burglary Tools Charges?

There are legitimate defenses to possession of burglary tools charges. For instance, certain people have a legitimate reason for possessing the kinds of tools, instruments, and devices that can be used to break into a home, safe or vehicle. For instance, there are a number of professionals who regularly need these types of tools to do their job.

• Locksmiths. A locksmith’s entire job revolves around being able to open locks.
• Security officers. Security officers often have in their possession tools that can be used for breaking and entering, in the event that staff loses their keys.
• Law enforcement. Sometimes law enforcement officers need to break and enter into a building, vehicle or safe, presumably with a valid warrant, and thus law enforcement may have these types of tools in their possession.
• Auto mechanics. Some auto mechanics that offer car unlocking services for vehicle owners who have locked their keys in the car may have tools that are used to break into locked cars.
• Private detectives. Private detectives are often hired to investigate, and their investigation may involve an authorized breaking and entering (e.g., a wife might hire a private investigator to determine if her husband is cheating, and she might authorize the private detective to break into her husband’s locked desk in their shared home).

Reach Out to Us for Help

There are valid reasons why certain people may possess tools that are capable of being used for breaking and entering. If you are facing burglary or possession of burglary tools charges, please contact a passionate Rolling Meadows criminal defense attorney as soon as you can for professional assistance with your case.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=62600000&SeqEnd=63400000