Home » Criminal Offence »
Break & Enter Lawyers Sunshine Coast, QLD
If you are being charged with break and enter, it is important to understand the charges, and to understand your rights within the law. Break and enter is an indictable offence in Queensland; your matter may be heard in the District or Magistrates’ Court, but you also have the right to have your matter heard before a Judge and jury in a higher court.
In Queensland, break and enter offences fall into three categories:
- Entering or being in any premises with the intention of committing a crime
- Entering or being in any premises and committing a crime in the premises
- Gaining entry to premises by any break and committing a crime in the premises.
When facing break and enter charges, you need to make sure you have an experienced lawyer providing expert legal advice and guidance every step of the way.
Under the law, break and enter offences can relate to any type of structure. That means the laws can be applied to public or private buildings but also to tents, caravans or vehicles.
If you are convicted of break and enter in Queensland, your penalty will depend upon the circumstances and seriousness of the offence. It will also reflect any other relevant factors such as whether you have any prior convictions.
Possible penalties if convicted of break and enter in Queensland include:
- Imprisonment
- An Intensive Corrections Order
- Probation
- A Community Service Order
The length of a prison sentence for break and enter crimes will vary depending upon the details of the offence. The most serious cases (such as those which include committing an indictable offence on the premises) can result in imprisonment for life.
The earlier you get legal representation the better.
Smith Criminal Law: Your Experienced Lawyer for Break and Enter QLD
If you have been charged with break and enter, contact Smith Criminal Law for legal advice and representation. Likewise, if the police have contacted you and want to talk with you about a crime, contact the team at Smith Criminal Law today.
There are a number of defences that may be available to you, and we can talk these through with you. Some defences for break and enter offences include:
- That you did not enter the property
- That you have an honest claim of right to be in the property
- You were given consent to enter the property.
- The seal of the property was not broken
- Intoxication
- Necessity
Our skilled legal team will be able to establish a course of action which best suits your case and guide you towards your best chance of achieving a fair and just outcome.