What A Charge of Break and Enter Means
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What is break and enter?
To break and enter involves the forceable admission into another’s house or premises without consent, often with the intention of committing a serious indictable offence.
Below is a table with the types of break and enter offences you may be charged with and their maximum penalties as per Part 4, Division 1, Subdivision 4 of the Crimes Act 1900 (NSW).
Affray can be committed in either private or public settings and carries a maximum penalty of 10 years imprisonment.
| Offence | Crimes Act 1900 (NSW) | Penalty |
|---|---|---|
| Break out of a dwelling house after committing, or enter with intent to commit an indicatable offence | s109 | 14 years imprisonment |
| Break, enter and assault with intent to murder | s110 | 25 years imprisonment |
| Enter a dwelling house with intent to commit a serious indictable offence | s111 | 10 years imprisonment |
| Break, enter and commit a serious indictable offence | s112 | 14 years imprisonment |
| Break and enter with intent to commit a serious indictable offence | s113 | 10 years imprisonment |
| Being armed with intent to commit a serious indictable offence | s114 | 7 years imprisonment |
| Being a convicted offender armed with intent to commit a serious indictable offence | s115 | 10 years imprisonment |
The maximum penalties account for offences that are committed in circumstance of aggravation and special aggravation, which are more serious forms of the crime.
What are defences to a break and enter charge?
On a case-by-case basis, our criminal lawyers at the Australia Legal Practice may be able to defend a break and enter charge if:
For example:-
- Self-defence – Your actions were in the protection of yourself or another (including property), resulting in self-defence.
- Necessity – It can be proved your actions were in necessity to prevent an ensuing greater harm.
- Duress – The threats of another party forced you to act in a certain way, equating to duress.
Options when charged with a break and enter
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a break and enter charge is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in break and enter charges. We provide tailored advice and are armed with the right knowledge to fight your case.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
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