Break and Enter

Break and enter lawyers

We are the leading criminal lawyers for break and enter offences.

Our expert criminal lawyers can help you be found not guilty if you defend the charge of break and enter or avoid a conviction and prison if you plead guilty to a break and enter offence, as well as obtaining bail for break and enter offences.

Book a free first conference with a senior lawyer, or scroll down to learn more.

Types of break and enter offences we appear in

Some of the types of break-and-enter offences that we specialise in representing clients for include:

• Break, enter and commit (or intend to commit) serious indictable offence
• Break, enter and commit a serious indictable offence (aggravated or specially aggravated)
• Possess house-breaking implements.
• Robbery.

Pleading not guilty

If you plead not guilty, then there are many ways that our criminal lawyers are able to defend your break and enter charge. These include:

• Identification, which is where you do not challenge that an assault occurred, but your defence is that it was committed by someone else. This defence is very common in break and enter offences where it is not alleged that you knew the ‘victim’ because identification from CCTV is notoriously unreliable, DNA is transferable, and clothing that is said to match the perpetrators is often generic.
• No offence occurred, which is where your defence is that there was no offence committed at all, e.g. the allegation has been made up in its entirety for an ulterior motive.
• No break occurred, which is where entry to the property is conceded, but it is asserted the police cannot prove you were allowed into the house or that the point of entry was an open door or window.
• No stealing or other offence was committed or intended, which is where the break and enter is conceded but not that any crime was committed or intended to be committed upon entry.
• Self-defence, which is where you believe your conduct was necessary in order to defend yourself, someone else, or your property, and that response was reasonable in the circumstances as you perceived them.
• Duress, which is where your actions were performed because of threats (express or implied) of death or really serious injury. 
• Necessity, which is where circumstances (natural or human threats) bear upon you to such an extent that they induce you to break the law, as the consequences of not doing so would be even more dire.

Pleading guilty

If you plead guilty, our criminal lawyers can help you obtain a lenient sentence for your break and enter charge.

Ways that our criminal lawyers can assist you in preparing your sentence for a break and enter offence include:

• Negotiating with prosecutors for you to plead guilty to less serious facts or a less serious charge.
• Assisting you with references and an apology letter.
• Obtaining psychological and psychiatric reports.
• Directing you to other services, such as drug and alcohol programs, counsellors, psychologists, and psychiatrists.
• Referring you to programs and courses that the courts hold in high regard, like MERIT, SMART Recovery, and the Salvation Army’s Positive Lifestyles Program.
• Helping you collate corroborating documents that show the effect a conviction will have on you, such as employment contracts and travel documents.
• Submitting applications for residential rehabilitation services.

Bail

If you are refused bail, our criminal lawyers can assist you in obtaining bail for your break and enter charge.

Bail is where a person charged with a criminal offence is released from prison while their case is being determined in court.

You can apply for bail in the Local Court, District Court, Supreme Court, and Court of Criminal Appeal.

Common bail conditions include but are not limited to the following examples:

• You or someone else deposit, or agree to forfeit, property or money to ensure a person attends court. You get the money back at the end of the case unless the accused person fails to attend court.
• You reside at one specific address.
• You report to a police station on specified days.
• You have a curfew imposed preventing you from leaving your home between specified times, including being under ‘house arrest’.
• You abstain from alcohol and drugs, including sobriety tests.
• You are restricted from associating with specified persons, including co-accused and witnesses.
• You are restricted from visiting specified places, locations and entire suburbs.
• You use a single mobile phone or agree not to have a ‘smart’ phone or not use certain applications.
• You are forbidden from entering international departure points.
• You surrender your passport to the court or police.

Why Australian Criminal Law Group?

We are among the best-reviewed criminal lawyers in Sydney for break and enter offences. 

To make our services available to as many clients as possible, we offer our initial appointment free of charge. After gaining an understanding of your case, we can discuss a fixed fee, a payment plan or the potential for a reduced price (this is decided on a case-by-case basis). We may also offer assistance with Legal Aid matters.

If you choose Australian Criminal Law Group, you are guaranteed a criminal lawyer with at least 5 years of post-admission experience from the start to the finish of your case.

Contact Australian Criminal Law Group

For your free first conference, call us on (02) 8815 8167 or submit a website enquiry.