Break & Enter Lawyers

WHAT YOU MUST KNOW

Queensland prosecutors treat break and enter charges as priority prosecutions. Under sections 419-421 of the Criminal Code Act 1899 (Qld), you’re facing up to 14 years imprisonment—or life imprisonment if violence or threats were involved.

Let’s be brutally honest.

Most people charged with break and enter offences in Brisbane or Gold Coast courts think they can “explain their way out” or “wait and see what happens.”

They’re wrong. Dead wrong.

By the time you receive that court summons, police have already built their case. CCTV footage has been reviewed. Fingerprints analysed. Witness statements locked in.

Every day you wait is another day closer to a criminal conviction that will haunt you forever.

You Need to Know This

Here’s what investigating officers won’t tell you when they’re “just having a chat” at the station:

Any statement you make WILL be used against you—even casual comments during a “friendly” conversation with police. That relaxed conversation at the station? It’s being documented and will appear in the prosecution brief.

Police often charge multiple offences to pressure you into pleading guilty to something. They’ll stack charges like unlawful entry, stealing, wilful damage, and possession of implements to overwhelm you into accepting a plea deal.

Early legal intervention can result in charges being dropped or significantly downgraded. The sooner we get involved, the more options we have to protect you.

The difference between burglary and trespass can be significant. One carries years in prison; the other might result in a fine. The charges you’re facing right now might not be the charges you should be facing.

At Hannay Criminal Defence, we’ve successfully defended hundreds of break and enter cases across Queensland—from Brisbane Magistrates Court to Southport Magistrates Court to the Queensland District Court. We know every prosecutor’s playbook. Every police tactic. Every legal loophole.

Most importantly, we know how to protect you.

What Are Break & Enter Charges in Queensland?

Break and enter charges in Queensland are broad and serious offences covered primarily in Section 419 of the Criminal Code Act 1899 (Qld). The law defines breaking and entering in three distinct ways, and you can be found guilty if the prosecution proves any one of the following:

Breaking Any Part of a Dwelling or Premises

A person who breaks any part, whether external or internal, of a dwelling or any premises, or opens by unlocking, pulling, pushing, lifting, or any other means whatever, any door, window, shutter, cellar, flap, or other thing intended to close or cover an opening in a dwelling or any premises, or an opening giving passage from one part of a dwelling or any premises to another, is said to break the dwelling or premises.

What this means in plain English: You don’t need to smash a window or kick down a door to be charged with breaking. Simply opening an unlocked door, lifting a window, or pushing open a gate can constitute breaking under Queensland law.

Entering a Dwelling or Premises

A person is said to enter a dwelling or premises as soon as any part of the person’s body or any part of any instrument used by the person is within the dwelling or premises.

What this means: You don’t have to fully enter a building to be charged. Putting your hand through a window, sticking your foot inside a doorway, or using a tool to reach inside constitutes entry.

Entering by Threat, Artifice, or Collusion

A person who obtains entrance into a dwelling or premises by means of any threat or artifice used for that purpose, or by collusion with any person in the dwelling or premises, or who enters any chimney or other aperture of the dwelling or premises permanently left open for any purpose but not intended to be ordinarily used as a means of entrance, is deemed to have broken and entered the dwelling or premises.

What this means: If you threatened someone to gain entry, used deception or trickery, had help from someone inside, or entered through an unusual opening like a chimney or vent, you’re still guilty of break and enter.

If a search has been carried out by police and is not compliant with the above requirements, then you should seek our intervention immediately.

Types of Break & Enter Offences in Queensland

Queensland law categorises break and enter offences based on several factors, including the type of premises, time of day, presence of occupants, and whether violence or threats were involved. The penalties escalate dramatically based on these circumstances.

Breaking and Entering a Dwelling (Section 419 of the Criminal Code Act 1899 Qld)

This involves unlawfully entering a dwelling house with intent to commit an indictable offence. A dwelling includes any house, apartment, room, or structure used as a residence. The maximum penalty is 14 years imprisonment.

Aggravated Break and Enter (Section 419 of the Criminal Code Act 1899 Qld)

The offence becomes aggravated—and far more serious—when certain factors are present:

• The offence was committed at night: Night is defined as the period between 9pm and 6am. Breaking and entering a dwelling at night carries a maximum penalty of 14 years imprisonment.
• Violence or threats were used: If you used or threatened violence against any person, the maximum penalty increases to life imprisonment.
• You were in company: If you committed the offence with one or more other persons, penalties are significantly higher.
• You were armed: If you were carrying a weapon, dangerous instrument, or explosive, the offence is treated far more seriously.

Breaking and Entering a Building Other Than a Dwelling (Section 421 of the Criminal Code Act 1899 Qld)

This involves unlawfully entering a shop, warehouse, office, factory, or any other building that is not used as a dwelling, with intent to commit an indictable offence. The maximum penalty is 10 years imprisonment. If the offence was committed at night or with aggravating circumstances, penalties increase to 14 years imprisonment.

Being Armed with Intent to Break and Enter (Section 411 of the Criminal Code Act 1899 Qld)

If you are found in possession of housebreaking implements, tools, or weapons with intent to use them to commit break and enter, you can be charged separately. The maximum penalty is 3 years imprisonment.

Are These Charges Serious?

Absolutely. Break and enter charges in Queensland are among the most seriously prosecuted property offences in the state. These charges are rarely stand-alone—they’re almost always coupled with other offences, making your criminal defence both complex and challenging.

Common accompanying charges include:

• Stealing (Section 398 of the Criminal Code Act 1899 Qld): Maximum penalty of 5 years imprisonment, or 10 years if the property is a motor vehicle or firearm.
• Wilful Damage (Section 469 of the Criminal Code Act 1899 Qld): Maximum penalty of 5 years imprisonment.
• Possession of Dangerous Drugs (Drug Misuse Act 1986 Qld): Penalties vary depending on the type and quantity of drugs.
• Assault (Section 335 of the Criminal Code Act 1899 Qld): Maximum penalty of 3 years imprisonment, or up to 14 years for more serious assault offences.
• Possession of Implements for Break and Enter (Section 411 of the Criminal Code Act 1899 Qld): Maximum penalty of 3 years imprisonment.

When multiple charges are stacked together, the prosecution will use them as leverage to pressure you into pleading guilty. This is why it’s vitally important you seek legal advice as soon as possible to minimise the risk of these charges becoming more serious than they need to be.

Am I Going to Prison?

The answer to this question depends on numerous factors, in particular the seriousness of the offence, your criminal history, whether you were on bail or parole at the time, and the circumstances surrounding the offence.

Generally speaking, though, like other offences, a broad range of penalties can be applied under the Penalties and Sentences Act 1992 (Qld). These include:

Imprisonment: Depending on the severity of the offence, you could face anywhere from several months to life imprisonment. Break and enter is considered a serious offence, and courts routinely impose actual prison sentences—especially for repeat offenders or where aggravating factors are present.

Suspended Sentence: The court may impose a prison sentence but suspend it, meaning you won’t serve time in custody as long as you comply with conditions and don’t reoffend during the suspension period.

Intensive Correction Order (ICO): This allows you to serve your sentence in the community under strict conditions, including supervision, curfews, and electronic monitoring.

Community Service Order: The court may order you to perform unpaid community work for a specified number of hours.

Probation: You may be placed on probation for up to three years, requiring you to report regularly to a probation officer and comply with conditions such as attending counselling or treatment programs.

Fine: While less common for serious break and enter charges, fines may be imposed for less serious offences or as part of a broader sentencing package.

Conviction Not Recorded: In rare cases, the court may not record a conviction, though this is highly unlikely for break and enter offences unless exceptional circumstances exist.

But here’s the reality: without proper legal representation, your chances of imprisonment skyrocket. Prosecutors push hard for jail time on break and enter charges, and magistrates and judges take these offences extremely seriously.

The Consequences of a Break & Enter Conviction in Queensland

A break and enter conviction will destroy your life in ways you might not even realise yet. The consequences extend far beyond any immediate sentence:

Permanent Criminal Record

A conviction will result in a permanent criminal record that will follow you for the rest of your life. This will affect your ability to gain employment, obtain professional licences, travel overseas, secure housing, and apply for loans.

Loss of Employment and Career

Many employers conduct criminal background checks, and a break and enter conviction—especially one involving dishonesty or violence—will make it nearly impossible to find work in fields like security, finance, education, healthcare, government, and many others.

Damage to Reputation

Being convicted of break and enter carries a significant social stigma. Your reputation in your community, workplace, and family will be permanently damaged.

Restitution and Compensation Orders

The court may order you to pay restitution to the victim for any property damage, stolen items, or other losses resulting from the offence. This can amount to thousands of dollars.

Immigration Consequences

If you’re a visa holder or permanent resident, a break and enter conviction can lead to visa cancellation and deportation from Australia.

Difficulty Obtaining Bail in Future Matters

Under the Bail Act 1980 (Qld), break and enter is a “show cause” offence. If you’re charged with another offence in the future, you’ll have to show cause why your continued detention is not justified—making it much harder to get bail.

Why You Must Hire a Specialist Break & Enter Lawyer in Queensland

If you’ve been charged with break and enter in Brisbane, Gold Coast, or anywhere in Queensland, representing yourself or hiring a generalist lawyer is a recipe for disaster. Break and enter charges are aggressively prosecuted, and the stakes are incredibly high. You need a specialist criminal defence lawyer who has extensive experience defending these charges and knows how to dismantle the prosecution’s case.

Here’s why hiring an expert break and enter lawyer from Hannay Criminal Defence is absolutely critical:

Protecting Your Rights from the Start

From the moment you’re arrested or charged, your lawyer can intervene to protect your rights. This includes advising you during police interviews (where many cases are won or lost), ensuring police followed proper procedures, and challenging any unlawfully obtained evidence.

Scrutinising the Prosecution’s Case

An experienced lawyer will meticulously examine every piece of evidence against you, looking for weaknesses, inconsistencies, and procedural errors. Common issues we identify include:

• Unlawful searches and seizures that violate your rights under the Police Powers and Responsibilities Act 2000 (Qld)
• Lack of evidence proving intent to commit an indictable offence inside the premises
• Identification issues or mistaken identity, especially where CCTV footage is grainy or unclear
• Insufficient evidence of unlawful entry or breaking
• Violations of your rights during arrest or questioning

Representing You in Court

If your case proceeds to trial, your lawyer will fight aggressively on your behalf—cross-examining witnesses, challenging evidence, and presenting compelling arguments to the magistrate or judge. At sentencing, they can present mitigating factors to secure alternatives to full-time imprisonment, such as suspended sentences, Intensive Correction Orders (ICOs), community service, or probation.

Preparing Compelling Bail Applications

Under the Bail Act 1980 (Qld), break and enter is a “show cause” offence, meaning you must show cause why your continued detention is not justified. Getting bail for break and enter charges is increasingly difficult, but not impossible. You need experienced lawyers who know how to present compelling bail applications that address the court’s concerns about public safety, risk of reoffending, and likelihood of appearing at trial.

Minimising Consequences

Even if a conviction is unavoidable, a skilled lawyer can work to minimise the impact—whether that means reducing prison time, negotiating non-custodial penalties, or structuring a sentencing submission that emphasises your rehabilitation prospects and mitigating factors.

Why Choose Hannay Criminal Defence for Break & Enter Charges in Queensland?

At Hannay Criminal Defence, we don’t just defend break and enter charges—we fight relentlessly to protect your freedom, reputation, and future. Here’s what sets us apart:

Extensive Experience Across All Queensland Courts

We’ve successfully defended clients in Magistrates Courts across Brisbane, Southport, Beenleigh, Ipswich, and throughout Queensland, as well as in the District Court and Supreme Court.

Aggressive, Strategic Defence

We scrutinise every detail of the prosecution’s case, challenge weak evidence, exploit procedural errors, and build powerful defences tailored to your circumstances.

24/7 Availability

Criminal charges don’t wait for business hours. We’re available around the clock to provide immediate legal advice and representation.

Proven Track Record

Our lawyers have secured countless charge withdrawals, not guilty verdicts, downgraded charges, and minimal penalties for clients facing serious break and enter charges.

Expert Bail Applications

We know how to prepare and present compelling bail applications that maximise your chances of being released from custody while your case proceeds.

Personalised, Compassionate Support

We understand how stressful and overwhelming break and enter charges can be. We’ll guide you through every step of the process with empathy, clarity, and unwavering support.

Take Action Now—Your Future Depends on It

If you’ve been charged with break and enter in Brisbane, Gold Coast, or anywhere in Queensland, time is not on your side. The longer you wait to get legal advice, the harder it becomes to mount an effective defence. Evidence can disappear. Witnesses’ memories fade. Opportunities to negotiate with prosecutors evaporate.

Don’t let fear or uncertainty stop you from taking action. Contact Hannay Criminal Defence today for immediate, expert legal representation. We’ll review your case, explain your options, and fight relentlessly to protect your rights and your future.