Our expert criminal lawyers for stealing property from a dwelling house 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.
Stealing property in a dwelling-house
Being charged with stealing property in a dwelling house is a serious criminal offence in New South Wales. The law treats theft within a home more severely than ordinary theft because it involves intruding into a person’s private space.
What is a dwelling house?
A dwelling house includes:
- Houses,
- Units and apartments,
- Any place used for residential living.
What is stealing in a dwelling house ?
Under NSW law, a person may be charged if they:
- Steal property, and
- The theft occurs inside a dwelling house.
There is no requirement to prove forced entry. The offence focuses on the act of stealing within a residential property.
What is stealing?
To prove stealing, the prosecution must show that you:
- Took property belonging to another person, and
- Did so dishonestly, and
- Intended to permanently deprive the owner of it.
Penalties
The offence carries a maximum penalty of 7 years’ imprisonment.
Pleading not guilty
You may have grounds to plead not guilty, particularly where:
- There was no intention to steal.
- You believed you had a right to the property.
- You have been wrongfully identified.
- There is weak evidence.
You can read more information about pleading not guilty here.
Pleading guilty
If you plead guilty, the focus becomes achieving the most lenient outcome possible. We can help by:
- Preparing character references.
- Demonstrating remorse.
- Addressing any drug, alcohol, or mental health issues.
You can read more about pleading guilty here.
Common defences
Common defences include:
- No dishonesty.
- No intention to permanently deprive.
- Claim of right.
- Duress.
A strong defence can significantly reduce the likelihood of conviction or the severity of the penalty.
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 stealing property in a dwelling-house 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.