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Aggravated Burglary and Home Invasion Laws in Victoria

Aggravated Burglary

Aggravated burglary is a serious offence under section 77 of the Crimes Act 1958 (Vic). A person commits aggravated burglary if they:
 

  • Commit a burglary while armed with a firearm, imitation firearm, offensive weapon, explosive, or imitation explosive.

  • Commit a burglary while in the company of another person.

  • Commit a burglary knowing or being reckless as to whether another person is present in the building.
     

Penalties: a maximum penalty for aggravated burglary is 25 years imprisonment.
 

Defences: Common defences include lack of intent, consent, mistaken identity, and duress.

Home
Invasion

Home invasion is defined under section 77A of the Crimes Act 1958 (Vic) being when a person:

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  • Enter a home as a trespasser with the intent to steal or commit an offence involving assault or property damage and

  • Enters the home in company with one or more other persons and

  • Are armed with a firearm, imitation firearm, offensive weapon, explosive, or imitation explosive, or another person is present in the home.
     

Penalties: In Victoria, home invasion is treated as a serious offence, with severe penalties. Under section 77A of the Crimes Act 1958 (Vic), the maximum penalty for home invasion can be up to 25 years imprisonment, reflecting the gravity of this crime.
 

Defences: Similar to aggravated burglary, defences can include lack of intent, consent, mistaken identity, and duress.

The Need for a Criminal Lawyer

Given the complexity and severity of charges like home invasion and aggravated burglary, having an experienced criminal lawyer from Burdon Legal can make a significant difference. Their expertise in criminal law ensures that all possible avenues for reducing penalties are explored, providing the best possible outcome for an accused.

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A lawyer can play a crucial role in reducing penalties for charges such as home invasion or aggravated burglary. Here are several ways they can help:

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Negotiating

A lawyer can negotiate with the prosecution to reach agreed facts and charges. This involves the accused agreeing to plead guilty to a lesser charge in exchange for the prosecution not seeking a maximum penalty or withdrawing more serious charges.

 

Advocacy at Sentencing Hearings

During sentencing hearings, a lawyer can present mitigating factors to the judge, such as the accused's lack of prior criminal history, good character references, or circumstances that led to the offence. This can persuade the court to impose a lighter sentence or a community based disposition rather than term of imprisonment.
 

Challenging Evidence

A lawyer can challenge the admissibility of evidence used against an accused person. If key evidence is deemed inadmissible, it can weaken the prosecution's case and lead to reduced charges or penalties or even withdrawal of charges altogether.
 

Appeal

If the initial sentence is unduly harsh, a lawyer can file an appeal to a higher court, seeking a review and potential reduction in sentence.

Assessing Melbourne Criminal Law Firms? Why Choose Us?

Your rights and interests are our priority. Everyone should have access to justice and high-quality legal services. Our Melbourne criminal law firm works hard, advocating in your best interest even when there is a strong prosecution case against you. We work hard to achieve the best possible outcome for you. Reach out to us for a free consultation.

These are the different property offences we deal with: 

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