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Possession of Burglar’s Tools C.G.S. § 53a-106

Understanding the ChargeBurglar's tools

Being arrested for possessing burglar’s tools in Connecticut often comes as a shock. Many people are accused of this crime simply for carrying everyday objects like screwdrivers, crowbars, or even flashlights. Police may assume you intended to commit a burglary, even when you had a completely innocent reason for having those items.

The stigma is serious: prosecutors often view this as a “pre-crime” charge, suggesting you were preparing to break into somewhere, even if you never did. That’s why it’s so important to have a lawyer explain the context and push back against unfair assumptions.

The Law: C.G.S. § 53a-106

Connecticut General Statutes § 53a-106 makes it illegal to possess any tool, instrument, or object adapted, designed, or commonly used for committing or facilitating an offense involving forcible entry or theft if you also have the intent to use it for that purpose.

The key parts of the law are:

  • Simply owning tools isn’t a crime — it’s the intent that matters.
  • The statute covers items “adapted, designed, or commonly used” for unlawful entry, which means ordinary tools can be swept in.
  • Police and prosecutors often use this charge to build cases around suspicious behavior, even if no burglary occurred.
Penalties for Possession of Burglar’s Tools

Possession of burglar’s tools is a Class A misdemeanor in Connecticut. Punishments can include:

  • Up to 1 year in jail
  • A fine of up to $2,000
  • Probation with conditions such as no-contact orders or restrictions on where you can go

While it’s not a felony, the charge is still serious. A conviction leaves you with a permanent criminal record that employers and landlords can see.

Real-World Examples
  • Example 1 – Suspicious Stop: A man is stopped near a closed jewelry store at 2 a.m. with a crowbar and a pair of gloves in his backpack. Even though he had not attempted to break in, police charged him with possession of burglar’s tools because of the circumstances and timing.
  • Example 2 – Innocent Handyman: A carpenter who keeps a toolbox in his car is pulled over late at night. Officers see pry bars and drills and assume they are meant for burglary. The man is arrested, but later his employer testifies that the tools were for work, leading to the charges being dismissed.
  • Example 3 – Backpack Search: Teenagers are hanging around a school after hours with a backpack containing a screwdriver and pliers. Police argue that the tools could be used to break into the building and file charges, even though no actual break-in happened.
  • Example 4 – Innocent Scenario: A woman locks herself out of her apartment and borrows a neighbor’s screwdriver to try to get back inside. Police pass by and, misunderstanding the situation, detain her for possession of burglar’s tools. Once she shows proof of residency, it’s clear no crime was ever committed.
Related Offenses
  • Burglary (§§ 53a-101 to 53a-103): Unlawful entry with intent to commit a crime inside.
  • Criminal Trespass (§§ 53a-107 to 53a-109): Entering or remaining on property without permission.
  • Larceny (§§ 53a-119 to 53a-125): Theft offenses that may be connected to alleged burglary attempts.
  • Conspiracy (§ 53a-48): Planning or agreeing with others to commit burglary or theft.
Defenses to Possession of Burglar’s Tools
  • No Intent: Carrying tools for work, hobbies, or home repair is not illegal. The state must prove intent to use them for burglary.
  • Lawful Purpose: Showing receipts, proof of employment, or a legitimate explanation can defeat the charge.
  • No Evidence of Use: Simply being in possession without any other suspicious behavior is often not enough.
  • Police Overreach: If the stop or search was unlawful, evidence may be thrown out.
  • Diversion Programs: First-time offenders may qualify for Accelerated Rehabilitation to avoid a record.
Frequently Asked Questions 1. What Counts as a Burglar’s Tool?

Almost anything can be considered a burglar’s tool if prosecutors argue it was meant for unlawful entry. Crowbars, bolt cutters, screwdrivers, and even flashlights have been used as evidence in these cases. The law is vague, which makes it easier for police to overcharge.

2. Do I Have to Be Caught in a Burglary to Be Charged?

No. You can be charged just for having the tools if police believe you intended to use them unlawfully. This means many cases are built on suspicion rather than actual criminal conduct.

3. Is This a Felony?

No. Possession of burglar’s tools is a Class A misdemeanor, punishable by up to one year in jail and a $2,000 fine. Even so, a misdemeanor conviction can leave you with a damaging criminal record.

4. What if I Was Carrying Tools for Work?

That is a strong defense because the state must prove criminal intent. If you use the tools for employment, hobbies, or legitimate reasons, your lawyer can argue the charges should be dropped. Courts recognize that having tools does not automatically mean you were planning a crime.

5. Can I Go to Jail for This Charge?

Yes, jail is possible, especially if you have prior convictions. However, many first-time offenders avoid jail and resolve the case through probation, diversionary programs, or dismissal. With the right defense, jail is often not the outcome.

6. What if I Was Just in the Wrong Place at the Wrong Time?

This happens frequently. Being in a suspicious location late at night with tools can make police jump to conclusions. A lawyer can push back, showing you had no unlawful intent.

7. Can the Accelerated Rehabilitation (AR) Program Apply?

Yes, AR is often available to first-time offenders. If granted, you complete a probationary period, and the charge is dismissed and erased. This is one of the best ways to protect your record.

8. How Can a Lawyer Help?

A lawyer can challenge the state’s evidence, argue there was no intent, and point out when tools had legitimate uses. They can also negotiate for AR or reduced charges. The main goal is to keep your record clean and protect your future.

Call Allan F. Friedman Criminal Lawyer Today!

Being accused of possession of burglar’s tools under § 53a-106 does not mean you were planning a crime. Too often, police assume the worst from ordinary situations.

📞 Call me today at (203) 357-5555 for a free consultation, or reach out through my Contact Page. I will fight to protect your rights, your reputation, and your future.

 

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