Possession of Burglary Tools (Penal Code 466)

This charge confuses people because the objects involved are usually ordinary: a screwdriver, pliers, a slim jim, a crowbar. Penal Code 466 is not about owning tools. It is about intent.

What the statute requires

Penal Code 466 addresses possessing specified implements — and other instruments — with the intent feloniously to break or enter a building, vehicle or other specified place. The tools are the evidence; the intent is the offence. It is a misdemeanour.

That is why context drives these cases entirely: a tradesperson with a van full of tools is in a different position from the same tools in different circumstances, and the argument about which is which belongs to a defence lawyer.

What it usually travels with

PC 466 rarely stands alone. It commonly accompanies burglary under PC 459 or an attempt, trespass, vehicle theft or receiving stolen property. Because counts stack on the countywide schedule, the bail total usually reflects the companion charges rather than this one — see how enhancements change bail.

The distinction that matters most

Burglary under Penal Code 459 involves entering a structure with intent to commit theft or a felony inside, and is far more serious — potentially a felony, and in the case of residential burglary, a serious felony with strike consequences. See burglary bail and three strikes and bail. A PC 466 charge alone is a much smaller matter than a PC 459 charge.

What it means for bail

As a misdemeanour it usually defaults to release on a notice to appear under Penal Code 853.6 — see cite and release. Where a real bail figure appears, it is normally being driven by whatever else was charged, or by a warrant found during booking — see holds and multiple cases.

Working out the amount, and what can change it

The figure comes from the countywide schedule Penal Code 1269b requires each county’s judges to adopt and revise annually. A judge may raise bail under 1269c, and under In re Humphrey (2021) 11 Cal.5th 135 a court must consider ability to pay before setting money bail that results in detention.

Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.

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Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing here is legal advice and we cannot predict how any case will be charged or resolved. California bail license 1841014.