Aggravated burglary is a serious crime that can result in up to 25 years in jail. People who accuse you of this crime need to establish important facts, such as whether you broke the law, intended to steal, or had a weapon. To find you guilty, the prosecutor must prove these elements beyond a reasonable doubt.
You could argue that you didn't intend to steal or that you didn't know anyone was in the house as a defence. Which court hears your case will depend on the specifics of the charge. To help you protect yourself and navigate the legal process, it's important to talk to an experienced criminal lawyer.
These are several questions you should explore in detail with an experienced criminal lawyer at Josh Smith Legal before appearing in court. Please check below to understand what aggravated burglary means.
What Police Must Prove
- If police arrest someone for burglary, they have to show several things:
- The defendant entered a structure or part of a building.
- The defendant entered the building as a trespasser.
- Upon entering, the defendant intended:
- To steal something in the building or a portion of the building in question;
- To commit an offence that includes either an assault on a person in the building or part of the building, damage to the building, or damage to property in the building or part in question;
- At the time of the offence, the defendant was in possession of a firearm or imitation firearm, an offensive weapon, or an explosive or imitation explosive; or
- There was a person present in the building or portion of the building when the defendant entered it, and the defendant either knew or was reckless about whether a person was present.
- To convict someone of aggravated burglary, the prosecution must also establish each of the following elements beyond a reasonable doubt, in addition to the burglary factors listed above:
- The accused possessed a firearm, imitation firearm, offensive weapon, explosive, or imitation explosive.
- When the accused entered the building, they knew there was a person inside or were unsure.
Possible Defences To Burglary And Aggravated Burglary
A person accused of burglary or aggravated burglary may successfully fight the accusation by arguing that:
- They did not enter a structure or any section of it.
- They were not trespassing.
- They did not plan to steal, assault, or destroy property.
- They did not have a weapon in their possession.
- They were unaware, and could not have been aware, that someone was present in the building.
The Legislation
Section 77: Aggravated Burglary
(1) A person is guilty of aggravated burglary if they: (a) At the time have any firearm or imitation firearm, any offensive weapon, or any explosive or imitation explosive; or (b) A person was present in the building or part of the building when he or she entered it, and he or she knew or was reckless as to whether or not a person was present.
(1A) For subsection (1):
- "Explosive" implies anything manufactured to produce a practical result by explosion, or intended by the person carrying it with him or her for that reason.
- "Firearm" has the same meaning as in the Firearms Act of 1996.
- "Imitation explosive" implies any article that could reasonably be assumed to be or contain an explosive.
- "Imitation firearm" is anything that has the appearance of being a firearm, whether capable of firing or not.
- "Offensive weapon" refers to any article designed or fitted to injure or incapacitate another person, or which the person in possession of it intends or threatens to use for such a purpose.
(2) Aggravated burglary is an indictable offence punishable by level 2 imprisonment (up to 25 years).
Where Will I Get My Case Heard?
This is contingent on how the charge is worded. As of January 2012, the legislation had changed. The act discusses how aggravated burglary and burglary charges are structured. If the charge is framed with the intent to steal and the amount is less than $100,000, the case might be handled in the Magistrates' Court. It is important to note that theft differs from robbery in that theft involves taking property without any use of force or intimidation, whereas robbery involves forcibly taking property from a person or instilling fear to obtain it. If the charge includes the intent to inflict damage or assault, which are both conceivable aspects of this allegation, the case must be heard in the County Court or Supreme Court. Usually, it will be the County Court. The legal process for handling assault charges involves distinct procedures and considerations compared to burglary and aggravated burglary and should be addressed separately.
Questions to Consider
Do you have a defence?
If you plead guilty, what can you do to reduce your sentence? Because of the gravity of this violation, you should speak with an experienced criminal lawyer before moving forward.
What Do I Do Next?
Seek immediate assistance from a specialised criminal lawyer.
Adequate preparatory time is crucial when dealing with any legal problem. Don't leave it till the last minute.
Conclusion
Aggravated burglary is a grave offence that carries a potential sentence of up to 25 years in prison. To navigate such serious allegations, it is crucial to thoroughly examine whether you trespassed, intended to steal, or possessed a weapon, among other factors. The prosecution must prove these elements beyond a reasonable doubt to secure a conviction. Potential defences include arguing lack of intent, possession, or knowledge of another person’s presence. The legal process and where your case will be heard depend on the specifics of the charge, making it imperative to seek prompt advice from an experienced criminal lawyer to prepare a robust defence and understand your options, whether aiming for acquittal or mitigating sentencing.
