Break & Enter Lawyers in Sydney

Break and enter charges in New South Wales are extremely serious criminal offences that can result in lengthy prison sentences, hefty fines, and a permanent criminal record. At Hannay Lawyers, we’ve successfully defended countless clients facing break and enter charges across Sydney and regional NSW—from the Local Court right through to the District and Supreme Courts. The key to our success? Our clients contacted us immediately. If you’ve been charged with break and enter, time is critical. Getting expert legal advice early can mean the difference between a conviction and walking free.

Break and enter offences are defined under Section 112 of the Crimes Act 1900 (NSW) and cover a broad range of conduct—from breaking into a home to unlawfully entering commercial premises. The law is complex, the penalties are severe, and the prosecution will come at you hard. You need an experienced break and enter lawyer who knows how to fight these charges and protect your future.

Understanding Break & Enter Charges in NSW

In New South Wales, break and enter refers to unlawfully entering any premises—whether residential, commercial, or otherwise—with the intent to commit a serious indictable offence. This can include theft, assault, malicious damage, or other crimes. The critical elements the prosecution must prove are that you entered the premises unlawfully and that you intended to commit a crime once inside.

Here’s what many people don’t realise: you don’t have to actually “break” anything to be charged with break and enter. Simply opening an unlocked door, climbing through a window, or even walking through an open entrance can constitute unlawful entry if you don’t have permission to be there.

What Constitutes “Breaking” and “Entering” Under NSW Law?

Under Section 109 of the Crimes Act 1900 (NSW), “breaking” includes:

• Opening any door, window, shutter, or other part of a building by unlocking, pushing, lifting, or any other means
• Opening any internal door or passage within a building
• Entering through any aperture, chimney, or opening not ordinarily intended as an entrance
• Gaining entry through threats, deception, or collusion with someone inside the premises

“Entering” means any part of your body or any instrument you use crosses the threshold into the premises. Even putting your hand through a window or using a tool to reach inside can constitute entry under the law.

If you obtained entrance by threatening someone, using deception, or with the help of someone already inside, the law still considers this breaking and entering.

Types of Break & Enter Offences in NSW

Break and enter offences in NSW vary in severity depending on the circumstances, and the penalties increase dramatically based on factors like whether the premises was occupied, whether you were armed, and what crime you intended to commit. Here are the main categories:

Break and Enter a Dwelling House (Section 112(2) of the Crimes Act 1900 NSW)

This is one of the most serious break and enter offences. It involves unlawfully entering a home or dwelling with intent to commit a serious indictable offence. The maximum penalty is 14 years imprisonment.

If the dwelling was occupied at the time, or if you were in company with others, or if you inflicted actual bodily harm on any person, the offence becomes aggravated break and enter, which carries a maximum penalty of 20 years imprisonment.

Break and Enter a Building Other Than a Dwelling (Section 112(3) of the Crimes Act 1900 NSW)

This covers unlawfully entering commercial premises, shops, warehouses, offices, or any building that is not a dwelling house, with intent to commit a serious indictable offence. The maximum penalty is 10 years imprisonment.

If the offence was committed in company, or if you caused actual bodily harm, the penalty increases to 14 years imprisonment.

Aggravated Break and Enter (Section 112 of the Crimes Act 1900 NSW)

Aggravated break and enter charges apply when certain aggravating factors are present, such as:

• The premises was occupied at the time
• You were in company with one or more other persons
• You used or threatened violence
• You were armed with a weapon or offensive instrument
• You caused actual bodily harm to any person

Aggravated break and enter charges carry maximum penalties of up to 20 years imprisonment for dwellings and 14 years for other buildings.

Being Armed with Intent to Commit an Indictable Offence (Section 114 of the Crimes Act 1900 NSW)

If you are found with weapons, tools, or instruments intended for use in a break and enter offence, you can be charged separately with being armed with intent to commit an indictable offence. The maximum penalty is 7 years imprisonment.

The Consequences of a Break & Enter Conviction in NSW

Let’s be clear: a break and enter conviction will destroy your life in multiple ways. The consequences extend far beyond any immediate sentence and can impact every aspect of your future:

Lengthy Prison Sentences

Break and enter charges carry some of the harshest penalties in NSW criminal law. Depending on the severity of the offence and aggravating factors, you could face anywhere from several years to 20 years in prison.

Permanent Criminal Record

A conviction will result in a permanent criminal record, which 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.

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

If you’ve been charged with break and enter in Sydney or anywhere in NSW, 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 Lawyers 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
• Lack of evidence proving intent to commit an indictable offence
• Identification issues or mistaken identity
• Insufficient evidence of unlawful entry
• Violations of your rights during arrest or questioning

Building a Strategic Defence

There are numerous potential defences to break and enter charges, and a skilled lawyer will tailor a strategy to your specific circumstances. Common defences include:

Lack of Intent

: The prosecution must prove you intended to commit a serious indictable offence once inside. If there’s no evidence of this intent, the charges may be reduced or dismissed.

Lawful Entry

: If you had permission to enter the premises, or reasonably believed you had permission, this can be a complete defence.

Mistaken Identity

: If the prosecution cannot prove beyond reasonable doubt that you were the person who committed the offence, you must be acquitted.

Duress

: If you were forced to commit the offence under threat of serious harm, this may constitute a defence.

Mental Illness or Impairment

: If you were suffering from a mental illness or cognitive impairment at the time, this may affect your culpability.

Negotiating with Prosecutors

An experienced lawyer can negotiate directly with the prosecution to have charges withdrawn, downgraded to less serious offences, or to secure agreed facts that minimise your exposure to penalties. Early intervention often leads to charges being dropped entirely.

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, judge, or jury. At sentencing, they can present mitigating factors to secure alternatives to full-time imprisonment, such as Intensive Correction Orders (ICOs), Community Correction Orders (CCOs), or suspended sentences.

Minimising Consequences

Even if a conviction is unavoidable, a skilled lawyer can work to minimise the impact—whether that means avoiding a criminal record under Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), reducing prison time, or negotiating non-custodial penalties.

Factors to Consider When Choosing a Break & Enter Lawyer in Sydney

Not all lawyers are equipped to handle serious break and enter charges. When your freedom is on the line, you need a lawyer who has:

Specialised Experience in Break & Enter Cases

Choose a lawyer who focuses exclusively on criminal law and has a proven track record defending break and enter charges in NSW courts.

Local Knowledge of Sydney Courts

An experienced Sydney-based lawyer will know the procedures, magistrates, judges, and prosecutors at courts like Downing Centre Local Court, Parramatta District Court, and the NSW Supreme Court.

Proven Results

Look for a lawyer who can demonstrate successful outcomes—whether that’s charges withdrawn, not guilty verdicts, or minimal penalties.

Availability and Responsiveness

Break and enter charges move quickly. You need a lawyer who is available 24/7 and responds immediately to your needs.

Clear, Transparent Communication

Your lawyer should explain your options clearly, keep you informed every step of the way, and never leave you in the dark about your case.

Why Choose Hannay Lawyers for Break & Enter Charges in NSW?

At Hannay Lawyers, 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 NSW Courts

We’ve successfully defended clients in the Local Court, District Court, and Supreme Court across Sydney and regional NSW.

Aggressive, Strategic Defence

We scrutinise every detail of the prosecution’s case, challenge weak evidence, 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, and minimal penalties for clients facing serious break and enter charges.

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 Sydney or anywhere in NSW, 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 Lawyers today for immediate, expert legal representation. We’ll review your case, explain your options, and fight relentlessly to protect your rights and your future.

Call Hannay Lawyers now