Burglary Laws in Victoria and the Importance of Legal Representation

Understanding Burglary Charges in Victoria

In Victoria, burglary is a serious offence under section 76 of the Crimes Act 1958 (Vic). A person commits burglary if they unlawfully enter a building or part of a building with the intent to:

Steal anything inside,
Commit an offence involving assault, or
Cause damage to the property.

Aggravated Burglary is considered a more serious crime, defined under section 77 of the Crimes Act 1958 (Vic). This occurs when the burglary is committed under aggravating circumstances such as:

When the offender is armed with a weapon, explosive, or firearm upon entry,
When the offender is accompanied by another person, or
When someone is present in the building at the time of the offence.

Penalties for Burglary in Victoria

The penalties for burglary in Victoria are severe. If convicted of burglary, an offender can face up to 10 years imprisonment. Aggravated burglary, due to its more serious nature, can lead to a maximum sentence of 25 years imprisonment.

These penalties reflect the seriousness of burglary charges and the significant impact they can have on victims, both physically and emotionally.

Defences to Burglary Charges

Defending against burglary charges can be challenging and complex. Common defences that may be used include:

Lack of Intent: Arguing there was no intention to commit a crime upon entering the property.
Consent: Demonstrating that the accused had permission to enter the property.
Mistaken Identity: Challenging the evidence identifying the accused as the perpetrator.
Duress: Proving the accused was coerced or forced into committing the offence.

The Need for a Criminal Lawyer

You need a specific skill set to navigate the judicial system. Our legal practitioners have the experience and knowledge to assist you through this process from beginning to end because we understand the system.

Having a criminal defence lawyer in Melbourne advocating for you, who has well established professional relationships within the criminal justice system throughout Melbourne metropolitan and regional Victoria will set you up for success.

Our focus is on analysing the evidence and weight of the case against you and considering possible defences. We protect your rights and interests, and provide you with the knowledge and advice you need to get the best outcome. Our lawyers appear in all criminal jurisdictions and courts.

Our legal practitioners offer the personalised attention you deserve. We will use our experience to protect your interests, and advise all our clients of the consequences associated with resolving a matter quickly or pleading guilty to a charge to avoid the stress of going to court. A conviction against you will reflect on your criminal record and may have long-lasting effects. Ultimately, we strive to ensure your future by contesting charges which may result in difficulties down the track like finding a job, travelling abroad and even impacting your migration or visa status.

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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