Break and Enter Lawyers in NSW
Break and enter (or unlawful entry) is a serious criminal offence in NSW, carrying penalties that can include lengthy prison terms under the Crimes Act 1900 (NSW). Allegations of this nature can have life-changing consequences, making skilled legal representation essential.
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Why Choose Jones Hardy for Your Break and Enter Case?
- Specialist Knowledge of Serious Property Offences – Experience in defending break and enter charges, burglary, and related offences.
- Tailored Defence Strategies – Building a defence that reflects your individual circumstances and challenges key elements of the prosecution case.
- Courtroom Advocacy – Skilled representation in NSW Local and District Courts, with meticulous preparation for trial.
- Clear, Ongoing Support – Guidance and updates at every stage so you understand the process and your options.
Why This Matters
- Charged with break, enter and commit a serious indictable offence.
- Accused of burglary, unlawful entry, or home invasion.
- Under police investigation for suspected break and enter offences.
- Seeking advice on potential penalties and available defences.
Our Approach to Serious Criminal Defence
- Expert Guidance – Advice on the elements of the offence, possible penalties, and the likely progression of your case.
- Strategic Defence – Identifying weaknesses in the prosecution’s evidence, including eyewitness reliability, forensic links, or CCTV footage.
- Vigorous Representation – Persuasive advocacy before the court to protect your rights and present your defence strongly.
- Transparent Communication – Explaining complex legal concepts in plain language so you remain informed and in control.
- Comprehensive Support – Assistance throughout the process, including bail applications, plea negotiations, and trial preparation.
How We Can Help You
- Challenging Evidence – Testing the reliability of witness statements, forensic evidence, or CCTV.
- Alternative Explanations – Presenting lawful reasons for presence at a property where relevant.
- Negotiating Charges – Working to have charges reduced (e.g. from aggravated break and enter to lesser offences).
- Sentencing Advocacy – Presenting mitigating factors to minimise penalties if conviction cannot be avoided.
- Full Court Representation – Skilled advocacy in NSW Local and District Courts.
Frequently Asked Questions | Break & Enter in NSW
What is break and enter under NSW law?
Under the Crimes Act 1900 (NSW), it is an offence to break into a property and commit (or intend to commit) a serious indictable offence, such as theft or assault.
What are the penalties for break and enter?
Penalties vary. A basic offence can carry up to 10 years’ imprisonment, while aggravated forms (e.g. with violence or weapons) can carry up to 14 years or more.
Can you be charged without actually stealing anything?
Yes. Intent to commit a serious indictable offence after entering a property is enough for a charge.
What are the defences to break and enter?
Possible defences include mistaken identity, lack of intent, alibi, duress, or challenging how the evidence was obtained.
What should I do if I’ve been arrested for break and enter?
Remain calm, exercise your right to silence, and seek immediate legal advice before answering police questions.
Does it matter if it’s a first offence?
Yes. Courts consider prior history when sentencing. A first offence may attract more lenient penalties, especially with strong mitigation.
What is aggravated break and enter?
This involves additional factors such as being armed, using violence, or being in company with others. Penalties are significantly harsher.
Can Jones Hardy help with bail in a break and enter case?
Yes. We prepare strong bail applications, highlighting personal circumstances and safeguards to support your release.
Ready to Take the Next Step?
- Confidential consultations to explain your rights and options.
- Tailored defence strategies designed to protect your future.
- Skilled advocacy in NSW courts.
- Clear and supportive guidance throughout your case.
It's All About Trust.
At Jones Hardy, your legal journey is guided by experts dedicated to achieving the best outcomes. Our tailored legal strategies, combined with our commitment to your well-being, ensure that we are the right choice for handling your drug crime case.
- Named Expertise – Experienced solicitors recognised for their results.
- Proven Outcomes – Case studies, testimonials, and media mentions.
- Transparency – Step-by-step processes explained clearly.
- Local Focus – Serving individuals and businesses throughout Sydney and wider NSW.
- Support Beyond the Case – Practical resources and guides to help you stay informed.

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