Being charged with a serious offence such as aggravated break and enter, can feel overwhelming. You need to feel confident in your legal representation. Our trust criminal lawyers are with you every step of the way. We are committed to your result.
Will I go to jail for Aggravated Breaking and Entering?
The maximum penalty is 20 years imprisonment in NSW. However, if the offence occurs in special circumstances of aggravation, the maximum penalty increases to 25 years imprisonment.
Therefore, jail is likely. However, there are alternatives to jail such as an intensive corrections order. This will depend on the seriousness of the offence and your subjective circumstances. If the offence is not aggravated, you may be charged with break and enter instead.
Can I avoid a criminal record?
No, the court will impose a conviction. This is because the charge is very serious.
If I defend the charge, what must be proved?
The prosecution must prove beyond reasonable doubt that you:
- Broke something in order to gain access to a building or premises, and
- Entered that building or premises, and
- Committed any serious indictable offence, and
- The offence occurred in circumstances of aggravation OR in special circumstances of aggravation
Therefore, you will be found not guilty if the prosecution is unable to prove these elements.
A break and enter charge will apply if there are no aggravating circumstances.
What are ‘circumstances of aggravation’?
Circumstances of aggravation include:
- If you inflict actual bodily harm
- If you have a weapon
- You use corporal violence
- Being in the company of another person
- If you deprive someone of their liberty
What are ‘special circumstances of aggravation’?
Special circumstances of aggravation means that there is a special feature of the offending which makes it more serious. This includes:
- If you wound or maliciously inflict grievous bodily harm’ on another person, and/or
- If you had a dangerous weapon.
We can help
Our experienced criminal lawyers are committed to your case.
Contact us today on 0421 700 497 for a free initial consultation.
