Don’t face stealing offence charges alone — Go to court with a legal plan and safeguard your future
If you or one of your family or friends have been accused of burglary, theft or other property offences, then it is crucial to get professional legal representation as soon as possible. These are criminal offences with potentially heavy penalties.
Book a Free ConsultRated 4.5
Understanding Property Offences, Burglary and Theft
Property offences include any offence that is related to another person’s property, including criminal damage, burglary and theft. Criminal damage to another person’s property includes intentionally causing damage without a lawful excuse, such as during an extraordinary emergency. Property in this criminal context can include private property, commercial property or public property.
When it comes to burglary and theft, there are important distinctions.
Burglary is the act of illegally entering premises without the property owner’s permission to commit a criminal offence such as theft. Burglary is sometimes referred to as “breaking and entering”. Theft is the act of taking another person’s property without permission and with the intention of either not returning the property and/or depriving the owner of it. Theft is also known as stealing. Theft can be violent or non-violent. Violent theft is known as robbery, and it can involve the use of actual or threatened force or other forms of intimidation against the victim/s of theft. Robbery is therefore confrontational.
The legal consequences and potential penalties for property offences like criminal damage, burglary and theft depend on the specific circumstances of each case. However, it is important to understand that they are criminal acts with potentially heavy penalties that can include imprisonment, community correction orders (i.e., unpaid community service under the supervision of a corrective services officer) or significant fines.
Our team provides you with prompt legal advice and a sound plan in a supportive and confidential environment.
Why Choose Savannah Legal
Our expert theft, robbery and criminal lawyers take a supportive and understanding approach to help our clients during what can be a stressful and challenging time.
If you are looking for a lawyer for a burglary case or similar offence, we can help you every step of the way. Our experienced team at Savannah Legal will take the time to understand your specific situation and develop a robust defence.
Let us take care of your stealing offence law issues and lift the burden off your shoulders.
Our property offence, burglary and theft services at Savannah Legal include:
Free Consultation
A free 30-minute, no-obligation initial consultation to discuss your case needs and provide you with legal advice.
Investigation
The investigation and gathering of evidence specific to your case to assist with your defence.
Court Representation
Depending on the nature of your case, it may be heard in a Magistrates Court or a District Court. Magistrates Courts hear less serious cases. A magistrate has the power to adjudicate on minor criminal offences without a jury. A magistrate also has the power to decide whether a defendant in a case will be committed to stand trial before a judge and jury in a District Court for a more serious offence.
Negotiation With Prosecutors
This can be crucial to achieving the best possible outcome and requires experienced and expert theft or robbery lawyers in property offence cases.
Post-trial Support
Post-trial support and advice, regardless of the outcome.
The Legal Process
The legal process for property offences typically involves four main steps. It is crucial to get professional legal advice to help you navigate each step. The timelines for each step will depend on the specific circumstances of your case, as well as the availability of the relevant court.Police Interview and Legal Representation
Building Your Defence
Court Hearing and Plea
Contested Hearing and Outcome
Need urgent legal advice and support?
Our very simple process for protecting your rights
Are you facing criminal charges? You don’t have to go it alone. Our simple and affordable process provides you expert legal advice and representation. It all starts with a conversation where we will discuss your current situation confidentially. After some basic information, we’ll schedule an appointment with one of our criminal defence lawyers who is best suited for your situation.Schedule a free consultation
Follow-up call up
Consultation with Criminal Lawyer
Legal plan
Get the very best legal solutions for all your criminal law issues
Frequently Asked Questions
If you are convicted of burglary your penalty will depend on the severity of your offence and any mitigating factors that a skilled burglary lawyer may be able to outline as part of your defence. Prison sentences if you are convicted can range from 3 to 20 years, and fines of up to $36,000 can be imposed.
Duress may be a potential defence against a burglary charge (for example, if you were threatened by another person to commit the act). A lack of intent to commit a criminal offence once inside the premises is another possible defence.
Penalties for theft depend on the severity of the case, including the value of the property stolen. They also depend on whether you are a repeat offender. Recent changes to Western Australian legislation now allow for repeat offenders to be given jail time of up to two years and a $24,000 fine even for stealing items valued at $1,000 or less.
Stealing where the value of the property in question does not exceed $10,000 and no other circumstances apply carries a jail time of up to two years and a $24,000 if dealt in the Magistrates Court and up to 7 years on indictment (District Court).
Stealing by a clerk or servant from their employer or where the offender comes into possession of the thing by virtue of their employment where the value of the thing stolen exceeds $10,000.00 carries a maximum of 10 years imprisonment.
Possible defences against theft charges include mistakenly assuming you had the owner’s consent, a genuine belief that the property was abandoned or that you were acting under duress at the time of the theft.
If you are convicted of wilfully and unlawfully damaging the property of another person, then you could face imprisonment for up to 14 years depending on the specific circumstances of the case and/or a fine of up to $36,000.
A potential defence against a charge of causing criminal damage to property could be that you acted under duress. Skilled legal representation is crucial if you are charged with this offence.