Our expert criminal lawyers for break and enter with intent to commit a serious 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
Being charged with break and enter with intent to commit a serious indictable offence is a very serious criminal allegation in New South Wales. These offences carry the risk of lengthy imprisonment and can have life-changing consequences.
What is break and enter with intent?
Under NSW law, a person may be charged if they:
- Break and enter a dwelling house or other building 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.
Penalty for break and enter charges with intent
Break and enter with intent to commit a serious indictable offence has a maximum penalty is 10 years imprisonment.
What the police must prove
To secure a conviction, the prosecution must prove beyond a reasonable doubt that:
- You entered a building or dwelling-house
- The entry was intentional and unlawful
- At the time of entry, you intended to commit a serious indictable offence
Intent is commonly the most heavily contested element in these cases.
Pleading not guilty
If you plead not guilty, the prosecution must prove the case against you beyond a reasonable doubt.
You can read more information about pleading not guilty here.
Pleading guilty
If you plead guilty to break and enter with intent to commit a serious indictable offence, you could receive up to 10 years’ imprisonment.
You can read more about pleading guilty here.
Common defences
Common defences include:
- No intent to commit an offence,
- Mistaken identity,
- Lack of evidence linking you to the premises,
- Lawful entry or consent,
- Unreliable evidence.
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 break-and-enter-with-intent 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.