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    Aggravated Break And Enter

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      Best Aggravated Break And Enter Lawyers

      Our specialist aggravated break and enter lawyers have significant experience in fighting these charges. Our strategic approach has seen countless clients found ‘not guilty’ as well as many avoid jail sentences when they plead guilty.

      Contact us now to speak to our accredited specialist criminal lawyer who can immediately advise you of any defences that may be open to you.

      WHAT SHOULD I DO?

      • PLEADING NOT GUILTY

        What is Aggravated Break and Enter?

        Section 112(2) of the Crimes Act 1900 (NSW) sets out an offence for breaking and entering a premise belonging to another person without their consent, with the intent to commit a ‘serious indictable offence’.

        If the ‘serious indictable offence’ was stealing and the value of what was stolen was equal to or less than $60,000, then aggravated break and enter is a Table 1 offence under the Criminal Procedure Act 1986 (NSW). As such, it is finalised in the Local Court unless you or the prosecution elects to deal with it in the District Court.

        If the value of what was stolen is greater than $60,000, then it is a strictly indictable offence. In this case, it must be finalised in the District Court.

         

        How Do You Beat an Aggravated Break and Enter Charge?

        You can fight an aggravated break and enter charge in two ways. Firstly, the prosecution must prove each of the following beyond reasonable doubt:

        1. You committed a ‘break’ (Opening a door that was closed but not locked can be considered a break.);
        2. You then entered a house or building;
        3. You then committed an offence that carries a penalty of 5 years imprisonment or more.
        4. It occurred in circumstances of “aggravation”. Examples of this include:
        • You were armed with an offensive weapon
        • You were in company with another person or number of people
        • You used corporal violence on any person
        • You intentionally or recklessly inflicted actual bodily harm on any person
        • You deprive any person of their liberty
        • Before going into the house or building, you knew there were people in there.

         

        If any of these elements are not made out, then you can be found ‘not guilty’.

        Secondly, you can rely on one of the defences.

         

        What is Specially Aggravated Break and Enter?

        If you are charged with specially aggravated break and enter, in addition to the above elements, the prosecution must also prove:

        • you wounded or maliciously inflicted grievous bodily harm on any person;
        • you were armed with a dangerous weapon.

        What is a ‘Serious Indictable Offence’?

        A serious indictable offence is any offence with a maximum penalty of five years imprisonment or more. The most common offence attached to break and enter charges is stealing (also known as ‘larceny’).

         

        What are the Defences to Aggravated Break and Enter?

        The following defences to Aggravated Break and Enter can be used:

        1. The prosecution cannot prove any circumstances of aggravation existed
        2. The prosecution cannot prove that you committed a serious indictable offence while inside the house or building.
        3. The prosecution cannot prove that you entered the building or attempted to enter the building.
        4. Claim of right: If you are charged with ‘Aggravated break, enter and steal’, you may have a defence if you held a genuine belief that the property taken was yours.
        5. The prosecution cannot prove that you committed a ‘break’. An example may be if a door was already partially opened and you fully opened it.
        6. Duress: You were forced to commit the offence
        7. Necessity: You needed to commit the offence

         

        Contact us now to see whether there are any defences that may be open to you. Our team of specialist criminal lawyers can quickly assess your case and advise you on the best ways to proceed.

      • PLEADING GUILTY

        Before pleading guilty, you should obtain advice from an experienced criminal lawyer for aggravated break and enter charges. The reason for this is that once you have entered a plea of ‘guilty’, it becomes very difficult to change your plea to ‘not guilty’.

        One of our lawyers can peruse the evidence against you and may find a defence which you had not thought of or be able to downgrade your charge to a less serious charge.

        If you have taken advice, you will then need to prepare for sentencing. You can refer to our general guide. However, you should speak to a specialist break and enter solicitor for representation in Court and advice specific to your case.

         

        What is the Penalty for Aggravated Break and Enter?

        The maximum penalty for Aggravated Break, Enter and Commit serious indictable offence is 20 years imprisonment.

        There is a standard non-parole period of 5 years imprisonment for this offence

         

        What is the Penalty for Specially Aggravated Break and Enter?

        The maximum penalty for Specially Aggravated Break, Enter and Commit serious indictable offence is 25 years imprisonment.

        There is a standard non-parole period of 7 years imprisonment for this offence.

         

        What are the Possible Sentences for Aggravated Breaking and Entering?

        Below is a list of sentencing options for a charge of Aggravated Breaking and Entering:

        1. Section 10 dismissal
        2. Conditional release order without conviction (previously known as Section 10 good behaviour bond)
        3. Fine
        4. Conditional release order with conviction (previously known as Section 9 good behaviour bond)
        5. Community Corrections Order (previously known as Community Service Order)
        6. Intensive Corrections Order
        7. Home Detention Order (no longer used in NSW)
        8. Full Time Imprisonment

        Will You Go to Jail for Aggravated Break and Enter?

        Over the last 5 years, less than 1% of those found guilty of Aggravated Break and Enter received convictions. By contrast, almost 95% of sentences were some form of imprisonment. 68% of offenders were sentenced to full-time imprisonment.

        Clearly, avoiding imprisonment is very difficult. As such, you should speak to one of our specialist criminal defence solicitors for aggravated break and enter charges to give yourself the best chance of avoiding jail. If there is any way to keep you out of jail, we are sure to find it.

      FAQ

      What is the standard non parole period?

      The standard non-parole period is the amount of time you must spend in gaol before you can be released on parole. There are different starting points for different offences. The starting point for Aggravated Break, Enter and Commit serious indictable offence’ is 5 years imprisonment.

      This does not mean that you will receive a non-parole period of 5 years prison. But this is where the Court will start in assessing what sentence should be imposed.