Our expert criminal lawyers for break and enter with intent (aggravated or specially aggravated) to commit an indictable offence can help you:
- Obtain bail.
- Be found not guilty.
- Receive a lenient sentence, like no conviction and no prison.
You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.
You can read our reviews here.
Break and enter with intent (aggravated or specially aggravated)
Being charged with break and enter with intent (aggravated or specially aggravated) is among the most serious property offences in New South Wales. These offences significantly increase the potential penalties and are often prosecuted in higher courts.
What makes an offence aggravated?
A charge becomes aggravated when the offence is committed in more serious circumstances, such as:
- Being in company with another person,
- Being armed with a weapon,
- Using or threatening violence,
- Intentionally or recklessly inflicts actual bodily harm on any person,
- Depriving any person of their liberty,
- Knowing someone is present in the property.
The maximum penalty is 14 years’ imprisonment.
What makes an offence specially aggravated?
A charge becomes specially aggravated where the circumstances are even more serious, including:
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The alleged offender intentionally wounds or intentionally inflicts grievous bodily harm on any person,
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The alleged offender inflicts grievous bodily harm on any person and is reckless as to causing actual bodily harm to that or any other person,
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The alleged offender is armed with a dangerous weapon.
The maximum penalty is 20 years’ imprisonment.
Pleading not guilty
You may have strong grounds to plead not guilty, particularly where:
- The alleged aggravating factor is disputed or exaggerated.
- There is no reliable evidence of a weapon or violence.
- You were not in company.
- The identification evidence is weak.
You can read more information about pleading not guilty here.
Pleading guilty
If you plead guilty, the focus becomes reducing the seriousness of the offence. Key strategies include:
- Challenging the aggravating features,
- Demonstrating low risk of reoffending,
- Presenting remorse, personal circumstances, and any rehabilitation records.
You can read more about pleading guilty here.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.
Contact Australian Criminal Law Group
Our criminal lawyers, with 500+ five-star Google reviews, can beat your break-and-enter with intent (aggravated or specially aggravated) charge or obtain a lenient sentence for you if you plead guilty.
Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.