Break & Enter Lawyers Brisbane & Gold Coast
What are Break & Enter Offences?
Break and Enter Charges are a broad range of offences covered in Section 418 of the Criminal Code. What the Code says is you will be guilty if one of the following is proved:
- 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, or an opening giving passage from one part of the dwelling to another, is said to break the 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.
- 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.
If a search has been carried and is not compliant with the above requirements, then you should seek our intervention immediately.
Are these charges serious?
These charges in isolation are often serious, but they’re invariably coupled with other charges as well, making your criminal defence both complex and challenging. 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 Jail?
The answer to this question depends on numerous things, in particular the seriousness of the offence and your history.
Generally speaking though, like other offences, a broad range of penalties can be applied.
The types of penalties are:
- 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 things, 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, or an opening giving passage from one part of the dwelling to another, is said to break the 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.
- 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.
If a search has been carried and is not compliant with the above requirements, then you should seek our intervention immediately.
What Next?
These types of offences are generally coupled with other offences, making them considerably serious. If you have been charged or are under investigation for Break & Enter related offences, you need to contact our Brisbane criminal lawyers!
Am I in Hot Water?
Break & Enter Or Burglary Charges Can Be Serious.
If you have been charged or undergoing investigation for Break & Enter or related charges, getting legal advice now is imperative. People who leave this for too long usually later regret it. Take a photo of your charge sheet and upload and we will give you a callback.