Criminal Law

Burglary Defence Solicitors

Burglary is prosecuted under section 9 of the Theft Act 1968, covering trespassing entry into a building with intent to steal, inflict harm, or do damage. ASA Solicitors provides specialist defence for burglary allegations, domestic and non-domestic.

The offence

Section 9 of the Theft Act 1968 creates two routes to burglary: entering a building as a trespasser with intent to steal, inflict grievous bodily harm, or do unlawful damage; or having entered as a trespasser, then stealing or attempting to steal, or inflicting or attempting to inflict grievous bodily harm. The offence is triable either-way.

Defences

Sentencing

Burglary carries up to 10 years’ imprisonment on indictment, with a minimum three-year sentence for a third domestic burglary conviction subject to particular exceptions. Aggravated burglary, where a weapon is carried, carries a substantially higher maximum. The sentencing guidelines weigh culpability, harm and the domestic context heavily.

Frequently asked questions

Burglary requires trespassing entry into a building with intent to steal or cause harm, or stealing or causing harm after a trespassing entry. Theft alone, without the trespassing entry element, is charged under section 1 of the Theft Act 1968.

A third qualifying domestic burglary conviction attracts a minimum three-year custodial sentence, unless the court finds it would be unjust to impose it in all the circumstances.

Aggravated burglary is committed where the defendant, at the time of the burglary, has with them any firearm or weapon of offence, and it carries a substantially higher maximum sentence.

Second opinion

Not happy with your solicitor? Get a second opinion.

You have the right to change your solicitor at any stage of a criminal case. If you are unsure about the advice you have been given, or want a fresh perspective on a serious matter, our specialist criminal defence team offers an independent second opinion without charge.

Ask us about a burglary allegation

Tell us about your situation and a specialist will be in touch. For urgent matters, call us 24/7.

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