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Burglary Solicitors
Being accused of burglary is a serious matter. If you are the subject of a burglary investigation, it is vital that you seek legal advice from experienced burglary solicitors.
Whether you are about to take part in a police interview or you have found out that your case is going to court, specialist burglary solicitors can work with you to achieve the best possible outcome.
Understand The Situation
If the burglary was committed in a building which is a dwelling, the maximum prison sentence for burglary is 14 years. The maximum sentence for aggravated burglary is life imprisonment. In any other cases, the maximum prison sentence for burglary is 10 years.
Invaluable Experience
Having an experienced team of burglary solicitors on your side, who can advise you throughout the process and represent you in court, if necessary, is invaluable.
What is burglary?
Burglary is defined in the Theft Act 1968. A person is guilty of burglary if they enter a building as a trespasser with intent to commit any of these offences:
- stealing anything in the building in question
- inflicting grievous bodily harm on any person in the building
- doing unlawful damage to the building or anything within the building
Someone can also be guilty of burglary if, when they enter a building as a trespasser, they steal or attempt to steal anything in the building or inflict or attempt to inflict grievous bodily harm to a person in the building.
What are the different types of burglary?
In law, there are three different types of burglary.
1. Domestic burglary
When someone illegally enters a property that people live in, as per the above definition, this is known as domestic burglary or burglary of a dwelling.
As well as a house or an apartment, a dwelling for the purposes of domestic burglary can also include vehicles which people live in, such as motorhomes or caravans. A boat would also fall into this category, if people lived in it.
2. Non-domestic burglary
Non-domestic burglary occurs when someone illegally enters a building (again, as per the definition above) but the building is not lived in, such as an office or a shop.
3. Aggravated burglary
If the offender is carrying a firearm, an imitation firearm, an explosive or any weapon of offence when s/he commits the burglary, this could be classed as aggravated burglary.
If the weapon was used during the burglary to attack someone, the perpetrator may also be charged with a separate assault offence or even robbery.
What is the maximum sentence for burglary?
If the burglary was committed in a building which is a dwelling, the maximum prison sentence for burglary is 14 years.
The maximum sentence for aggravated burglary is life imprisonment.
In any other cases, the maximum prison sentence for burglary is 10 years.
What is the difference between burglary and robbery?
Burglary is the offence of illegally entering a property in order to steal something from it (as described above). Robbery occurs when someone steals from a person using force (or threatening to use force).
What is the difference between burglary and theft?
Theft is the taking of property from someone without the use of force. As discussed above, burglary is the entering of a building as a trespasser with either the intent to steal, do unlawful damage or inflict grievous bodily harm or having entered a building as a trespasser, stealing or attempting to steal or inflicting or attempting to inflict grievous bodily harm.
Which court deals with burglary cases?
This depends on the type of burglary.
Aggravated burglary is triable on indictment only, which means that aggravated burglary cases are only dealt with in the Crown Court.
Domestic burglary is triable either way. This means it can be tried in either a Crown Court or the Magistrates’ Court.
Non-domestic burglary is also triable either way.
How do the courts sentence burglary offences?
The courts first have to work out a starting point sentence. They do this by determining the offence category. Exactly how this will work depends on which type of burglary the case falls under.
For aggravated burglary, the categories are as follows:
Category 1: Greater harm AND higher culpability
Category 2: Greater harm AND lower culpability OR lesser harm AND higher culpability
Category 3: Lesser harm and lower culpability
The court will decide on the harm and culpability caused or intended by looking at various different factors.
Factors which can indicate greater harm include:
- Soiling or vandalism of property
- The offence took place when the victim was at home/returned home
- There was significant physical or psychological injury to the victim
Factors which could indicate a lower level of harm include:
- No physical or psychological injury to the victim
- No violence was used or threatened
Factors which can indicate higher culpability include:
- The victim was deliberately targeted (due to, for example, race or sexual orientation)
- The offence required a significant degree of planning
- The offender was a member of a gang
Factors which can indicate lower culpability include:
- The offender had a learning disability or mental disorder (where linked to the undertaking of the offence)
- The offender had been exploited by others
Once the levels of culpability and harm have been assessed, the relevant starting point sentence can be deduced.
The starting points for the three categories for aggravated burglary are as follows:
Category 1: 10 years in prison
Category 2: 6 years in prison
Category 3: 2 years in prison
The sentence can then be increased or decreased by any relevant aggravating or mitigating factors respectively.
Offence categories for domestic burglary and non-domestic burglary also range from one to three, although the factors which indicate greater or lesser harm or culpability do vary, as do the starting point sentences for each.
The starting point sentences for domestic burglary are:
Category 1: 3 years in prison
Category 2: 1 year in prison
Category 3: A high level community order
The starting point sentences for non-domestic burglary are:
Category 1: 2 years in prison
Category 2: 18 weeks in prison
Category 3: A medium level community order
What are the aggravating factors for burglary?
Aggravating factors can increase the sentence for an offence.
Although these vary for different types of burglary, they include:
- The offence was committed at night
- The offender abused a position of trust
- Attempts were made to stop the victim from reporting the burglary
What are the mitigating factors for burglary?
Mitigating factors can reduce the sentence for burglary.
Again, these vary depending on the type of burglary, but they include:
- The offender shows remorse
- The offender had a subordinate role in the group
- The offender has no previous relevant convictions
Why do I need specialist burglary solicitors?
Having an experienced team of burglary solicitors on your side, who can advise you throughout the process and represent you in court, if necessary, is invaluable. Specialist burglary solicitors can ensure that your rights are respected and will help to prepare your defence, should you end up in court.
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