If you have been charged with aggravated burglary, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
Elements of the offence
For the prosecution to prove the offence of aggravated burglary, they must first prove a charge of burglary, then further that one of two categories are satisfied. The categories can be found in s 77(1) of the Crimes Act 1958 (Vic) and are as follows:
- At the time the accused had with them any firearm, imitation firearm, any offensive weapon or any explosive or imitation explosive; or
- At the time of entering the building or part of the building another person was present, and the accused knew or was reckless as to whether another person was present.
Will I have to go to court?
Charges for aggravated burglary will likely by tried in the County Court or Supreme Court.
Depending on the circumstances of the offence, it is likely that the case will be tried by a jury. Expert legal advice is important in ensuring the most appropriate defence to a charge of aggravated burglary.
Once the case goes to court, it is up to the prosecution to prove the existence of either of the categories listed. It is important that you seek expert legal advice in building a defence as the circumstances of the events that led to the charge can assist in a strong defence argument.
The maximum penalty this offence carries is 25 years imprisonment, known as a Level 2 imprisonment.
What sentences are usually given?
Between 1 July 2011 and 30 June 2016, 588 people were sentenced with aggravated burglary as the principal offence. From that number, 71% were given imprisonment sentences, with a maximum term of 10 years. The median length of an imprisonment sentence was 3 years.
Non-imprisonment sentences included Community Corrections Orders (10.3%) and ‘other’ sentences including those that have been phased out (17%).
What do I do now?
To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.