Our expert criminal lawyers for entering a dwelling with intent (aggravated or specially aggravated) offences 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.
Entering a dwelling with intent (aggravated or specially aggravated)
Being charged with entering a dwelling house with intent (aggravated or specially aggravated) is among the most serious property offences in New South Wales. These offences significantly increase the potential penalties as they often involve violence, weapons, or heightened risk to occupants.
What is a dwelling house?
A dwelling house includes:
- Houses,
- Units and apartments,
- Any place used for residential living.
What is enter dwelling house with intent?
Under NSW law, a person may be charged if they:
- Enter a dwelling house, and
- Intend to commit a serious indictable offence inside.
A serious indictable offence generally refers to offences punishable by 5 years imprisonment or more, such as theft, assault, or property damage.
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,
- 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:
-
The alleged offender intentionally wounds or intentionally inflicts grievous bodily harm on any person,
-
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,
-
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,
- Demonstrate remorse, reduced risk of reoffending, 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 entering a dwelling house 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.