Break & Enter Lawyer Central Coast
Break & Enter Lawyers
At Spencer Lawyers on the Central Coast, we know how serious and stressful break and enter charges can be.
These offences can carry significant penalties, and navigating the legal system without guidance can feel overwhelming.
As your break and enter lawyer, we’re here to help provide clear advice and advocate for your best interests.
Whether you’re facing accusations of unlawful entry, aggravated break and enter, or related offences, our team offers tailored legal support.
Understanding the complexities of NSW law is important in building a defence that fits your circumstances.
If you’ve been charged with break and enter, don’t hesitate to take action.
Contact Spencer Lawyers today on 0414 709 543 to discuss your situation and explore your options with a dedicated legal professional.
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Understanding Break & Enter Offences
Break and enter offences involve unauthorised entry into a premises, often with the intent to commit theft or another indictable offence.
Under section 112 of the Crimes Act 1900, penalties can range up to 14 years imprisonment, with aggravated cases attracting harsher consequences.
Factors like the presence of weapons or multiple offenders can escalate the seriousness of charges.
Navigating these legal challenges requires a considered approach. Whether it’s understanding the allegations or building a defence, our team at Spencer Lawyers is ready to help.
If you’re facing these charges, reach out for support—speaking to a knowledgeable break-and-enter lawyer can make all the difference.
What are Break & Enter Offences?
Break and enter charges can involve entering a premises and not stealing anything but with the intent to do so. Unsuccessful attempts are also considered a break and enter offence.
Aggravated breaking and entering occurs when there is more than one alleged offender, if a weapon is involved or if the alleged offender knew there was a person on the premise.
The court takes breaking and entering seriously and can result in imprisonment for up to 14 years if you’re convicted.
What Does the Legislation Say?
The offence of Break, Enter and Steal or Break, Enter and Commit Serious Indictable Offence is contained in section 112 of the Crimes Act 1900 and states:
1. A person who:
A. breaks and enters any dwelling-house or other building and commits any serious indictable offence therein, or
B. being in any dwelling-house or other building commits any serious indictable offence therein and breaks out of the dwelling-house or other building is guilty of an offence and liable to imprisonment for 14 years.
2. Aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 20 years.
3. Specially aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (2) in circumstances of special aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 25 years.
This content is intended to provide a general guide to the subject matter. Specialist advice from our Legal team should be sought about your specific circumstances.
Frequently Asked Questions
Can I be charged with break and enter if I didn’t actually steal anything?
Yes. Unlawfully entering a property with intent to commit a crime is enough to be charged, even if nothing was taken.
Is it break and enter if a door was left open?
This depends on the circumstances. There may not be a break but rather a trespass in certain circumstances.
What’s the difference between trespassing and break and enter?
Trespassing is unlawfully entering a property, but break and enter involves the act of breaking a seal intent with the intent to commit an indictable offence, making it a more serious charge which generally results in some type of custodial sentence.
