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Aggravated burglary
If you’ve been charged with aggravated burglary in Victoria, it’s critical to understand what this offence involves, what defences may apply, and how early legal advice can shape the outcome of your case. Emma Turnbull Lawyers provides strategic, experienced defence for serious charges like aggravated burglary, tailored to your circumstances.
Elements of the Offence
To prove aggravated burglary under section 77(1) of the Crimes Act 1958 (Vic), the prosecution must first prove the offence of burglary under section 76. They must then show that one of the following aggravating circumstances applied:
- 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.
These elements make aggravated burglary significantly more serious than burglary.
Will I Have to Go to Court?
Charges for aggravated burglary will likely be tried in the County Court or the Supreme Court.
Aggravated burglary is an indictable offence, and most cases are heard in the County Court. If the case involves significant violence, weapons, or complex circumstances, it may proceed to the Supreme Court.
It’s rare for aggravated burglary charges to be handled summarily. Because the offence falls under Schedule 2 of the Bail Act, it can also make bail harder to obtain without proper legal advocacy.
Maximum Penalty
The maximum penalty for aggravated burglary in Victoria is 25 years’ imprisonment, classified as a Level 2 offence. This reflects the seriousness of the charge and its potential consequences.
What Sentences Are Usually Given?
Between 2011 and 2016, 588 people were sentenced for aggravated burglary as their principal offence:
- 71% received a prison sentence
- The median sentence was 3 years
- 10.3% received Community Correction Orders
- The rest received other sentencing outcomes (some now outdated)
These figures show that while imprisonment is common, it is not guaranteed, especially with early legal advice, careful preparation, and a tailored defence strategy.
What to Do Next
If you’re under investigation or have been charged with aggravated burglary, you should seek legal advice immediately. At Emma Turnbull Lawyers, we can:
- Analyse the charges and evidence
- Develop a strong, tailored defence
- Represent you in the County or Supreme Court
- Prepare mitigation material, including psychological or cultural reports
- Guide you through plea discussions
Every detail matters, so don’t delay in getting experienced legal support. Contact our office today to speak to an accredited criminal law specialist on (03) 9077 4834 or at admin@emmaturnbull.com.au
FAQs
What is aggravated burglary in Victoria?
Aggravated burglary occurs when someone commits a burglary while armed or while knowing another person is inside the premises. It’s a more serious version of burglary and carries higher penalties.
What’s the difference between burglary and aggravated burglary?
Burglary becomes aggravated when the offender has a weapon or knows someone is present. These factors significantly increase the seriousness of the charge.
Do I have to go to jail for aggravated burglary?
Not necessarily. While the majority of offenders receive jail time, sentencing varies based on your history, circumstances, and the strength of your legal defence.
What are the common defences to aggravated burglary?
Possible defences include mistaken identity, no intent to commit a theft, consent to enter, or mental impairment. Every case is different and should be assessed by an experienced lawyer.
What court will my case be heard in?
Most aggravated burglary matters go to the County Court, but more serious cases may go to the Supreme Court. Summary hearings are rare.
Can I get bail if I’m charged with aggravated burglary?
It’s possible, but the offence is classified as a Schedule 2 offence, which creates additional hurdles. A bail application in these cases requires strong preparation and a clear strategy to convince the court. Bail is more likely with early legal advice and proper preparation.
How long will my case take to resolve?
That depends on the complexity of the case and the court backlog. Some cases can take months or even longer especially if they proceed to trial.
Should I get legal advice even before I’m formally charged?
Yes. Early legal advice can protect your rights during interviews, improve your chances at bail, and shape your overall defence strategy.
What’s the minimum sentence for aggravated burglary?
There’s no statutory minimum sentence, but most cases result in a prison term. Sentencing depends on many factors, including the facts of the offence, your background, and your legal representation
What will it cost to defend this charge?
Costs depend on the complexity of your case, court appearances, and whether it proceeds to trial. We provide upfront guidance and tailored advice for your situation.
