Break and Enter Lawyers Sydney

Facing Breaking and Entering Charges?
Let Us Help You.

What is a Break and Enter offence?

Break and enter offences involve unlawfully gaining entry into a property, such as a dwelling house, with the intent to commit an indictable offence such as larceny, or assault. These offences are taken seriously and can result in significant penalties.

At Kingston Fox Lawyers, we handle a wide range of break and enter offences, including:

Break and Enter with Intent to Commit an Indictable Offence
Break out of a Dwelling House After Committing an Indictable Offence
Break, Enter and Assault with Intent to Murder
Enter a Dwelling House with Intent to Commit a Serious Indictable Offence
Break, Enter and Commit Serious Indictable Offence
Convicted Offender Armed with Intent Commit an Indictable Offence

There are also aggravated and specially aggravated forms of some of the above offences which have greater maximum penalties.

If you are facing break and enter charges, it’s important to seek legal advice so that you understand all options available to you.

Meet the Team Behind Your Defence

Alexandra Sarmed

BA LLB, Partner

Phone: 0455 039 707

Erin Hoile

BA LLB LLM, Partner

Phone: 0455 039 660

Philippa Rich

BA LLB, Associate

Phone: 0402 055 552

Shane Arie

LLB, Solicitor

Phone: 0455 039 112

Ben Key

Law Clerk

Phone: 0457 781 133

The Kingston Fox Difference

Why Choose Kingston
Fox Lawyers?

At Kingston Fox Lawyers, we are more than just your legal representatives — we are
your partners in navigating the challenges ahead. What sets us apart is our deep commitment to providing a tailor-made, personalised service, backed by over
40 years of combined experience in criminal law.

Our team, which includes former prosecutors, brings unparalleled expertise and a strategic advantage to your defence.

We pride ourselves on our supportive, client-focused approach. Clients often share how much more at ease they feel after speaking with us, reassured by our understanding and straightforward advice. We focus not just on the legal challenges but on your future, ensuring that you can move forward with confidence and peace of mind.

Hear it from our satisfied clients

“A difficult matter that was resolved in my favour”

“Alexandra Sarmed offered me exceptional service and professional assistance with a difficult matter that was resolved in my favour. I couldn’t have asked for any more and I would not hesitate to recommend her to anyone in future. Nor will I ever go anywhere else for legal advice myself. I know if she couldn’t help me she would steer me to the right person for the job.”

A.C

“Frank, understanding, hardworking, and knowledgeable”

“We were incredibly lucky to be referred to Alexandra Sarmed for a complex set of charges against my adult child. From the first meeting, we were struck by her sense of humanity. She supported us throughout the process with her frankness, understanding, warmth, humour, hard work and knowledge. Alexandra found an amazing Barrister and together they achieved the right outcome. We will be forever thankful to Alexandra Sarmed.”

S.D

“Sympathetic and extremely reassuring”

“Erin was wonderful at a time of extreme stress for me. She listened to me and provided professional and helpful advice. She was sympathetic and clear-thinking, expertly guiding me through a process that was foreign to me. This was extremely reassuring. I would strongly recommend Kingston Fox Lawyers to anybody needing legal representation.”

B.F

Frequently Asked Questions

What are break and enter offences in NSW?

Break and enter offences in NSW involve unlawfully gaining entry into a property, typically with the intent to commit a serious indictable offence such as larceny or assault occasioning grievous bodily harm. These offences are outlined in the Crimes Act 1900 and can include aggravated offences, resulting in more serious penalties, including prison sentences.

Elements of break and enter offence in NSW?

The elements of break and enter in NSW include:

Breaking: Forcibly gaining access into premises.
Entering: Unlawfully entering the premises.
Intent: Having the intention to commit a serious indictable offence such as stealing or assault.

Stealing stock or goods from an employer.
Embezzling funds by transferring money from a business account to a personal account.
Taking cash directly from the register or till.

The prosecution must also prove that the accused was employed by the victim at the time of the alleged theft.

What is the punishment for breaking and entering in Australia?

The punishment for breaking and entering in Australia varies depending on the jurisdiction and the specifics of the offence. In NSW, penalties can include imprisonment for up to 25 years if the offence involves aggravating factors such as the use of a weapon or causing injury.

In NSW, serious break and enter cases are often prosecuted in the District Court.

Fines
Conditional Release Orders and Community Correction Orders including community service
Intensive Correction Orders.

Courts take into consideration a wide variety of factors in sentencing so it is important to get quality legal advice to ensure that you are in the best possible position.

What should I do if I am charged with break and enter?

If you are charged with break and enter, seek legal advice from an experienced criminal defence lawyer so that you understand the options available to you.

Can break and enter charges be reduced or dismissed?

Break-and-enter charges can sometimes be reduced or dismissed based on the evidence and circumstances of the case. An experienced criminal defence lawyer can negotiate with prosecutors to seek a favourable outcome.

What should I expect during the legal process?

The legal process can be complex and varies depending on the nature of the charges. It can be stressful, scary and emotionally draining, however, that’s why we’re here. We will guide you through each step, from initial consultation to court appearances and, if necessary, appeals.