People sometimes refer to a vehicle break-in as “car burglary.”
Alabama law has a specific offense for it: Unlawful Breaking and Entering a Vehicle, found in Alabama Code §13A-8-11.
Quick Answer: Is Breaking Into a Car a Felony in Alabama?
Yes.
Under §13A-8-11, unlawful breaking and entering a vehicle is a Class C felony.
The statute generally applies when a person, without the owner’s consent, breaks into and enters a vehicle or part of a vehicle with the intent to commit a felony or theft.
Does the Person Have to Get Completely Inside the Car?
No.
The statutory definition of entry includes intrusion by any part of the body or by a physical object connected with the body.
That means a prosecution does not necessarily require evidence that the accused climbed completely into the passenger compartment.
Does Anything Have to Be Stolen?
Not necessarily.
The State must address the intent to commit a felony or theft, but a completed theft is not necessarily required for the breaking-and-entering charge itself.
This makes intent a major issue.
What Evidence Is Used in Car Break-In Cases?
These cases increasingly rely on digital and surveillance evidence, including:
- Doorbell cameras
- Parking-lot cameras
- Apartment-complex video
- License-plate readers
- Cell-phone location evidence
- Fingerprints
- DNA
- Property allegedly recovered from the accused
- Statements to law enforcement
Identification can become particularly important when video shows a person at night wearing a hood, mask, or other clothing that makes identification difficult.
What If the Car Was Unlocked?
An unlocked vehicle does not necessarily eliminate a potential charge.
The precise conduct alleged and the requirements of §13A-8-11 still need to be analyzed.
It is a mistake to assume that a vehicle must have a smashed window before a felony allegation can arise.
What Are Potential Defense Issues?
Depending on the facts, defenses may involve:
- Mistaken identification
- Lack of intent
- Consent
- Insufficient evidence of entry
- Property belonging to the accused
- Problems with surveillance footage
- Unlawful searches
- Improperly obtained statements
- Lack of evidence connecting the accused to the specific vehicle
Frequently Asked Questions
What degree felony is breaking and entering a vehicle in Alabama?
Unlawful breaking and entering a vehicle under §13A-8-11 is a Class C felony.
Is breaking into a vehicle considered burglary?
Alabama separately criminalizes burglary of buildings and unlawful breaking and entering of vehicles. The precise charge depends on the circumstances.
What if nothing was taken?
A completed theft is not necessarily required if the prosecution can prove the entry occurred with the legally required criminal intent.
Facing a Vehicle Break-In Charge?
A felony accusation can have consequences that extend well beyond the immediate court date.
Call Nick Law defends property-crime cases in Huntsville, Madison County, Athens, Limestone County, Decatur, Morgan County, and throughout North Alabama.
General information only; not legal advice.
Nick Lough is a Huntsville attorney with nearly a decade of experience fighting for clients in criminal defense, family law, and personal injury cases. He provides dedicated, client-focused legal representation.
