Charged With Burglary in NSW - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

If you're charged with burglary in NSW, you face potential prison time of up to 14 years depending on the specific charge and circumstances. NSW treats burglary extremely seriously - even first-time offenders often receive custodial sentences. The next 48 hours are critical for your legal defence, and speaking to a criminal lawyer before making any statements to police or attending court can mean the difference between a criminal conviction and having charges reduced or dismissed.

Do You Need a Lawyer?

Yes, absolutely. Burglary charges in NSW carry mandatory maximum penalties that judges regularly impose, especially for residential break-ins. Without proper legal representation, you risk pleading guilty to charges that could be defended, receiving the maximum penalty instead of a reduced sentence, and missing crucial procedural defences that could see charges dropped entirely.

A criminal lawyer can challenge the evidence against you, negotiate with police prosecutors for reduced charges, argue for bail if you're refused, and present mitigating factors that judges consider when sentencing. Go To Court Lawyers has successfully defended over 50,000 criminal matters nationwide - we know exactly which strategies work in NSW courts and which don't.

The cost of legal representation is minimal compared to the life-changing consequences of a burglary conviction on your criminal record, employment prospects, and potential imprisonment. Call 1300 636 846 now before making any decisions that could harm your case.

What Happens Next - The Process

1. Police Investigation and Charging: If arrested, you'll be taken to a police station for questioning. Exercise your right to remain silent and request a lawyer immediately.
2. Bail Determination: Police may grant bail or refuse it. If refused, you'll appear before a magistrate within 24 hours at your local court (Downing Centre, Parramatta, Liverpool, or other NSW Local Courts).
3. First Court Appearance: Usually within 4-6 weeks of being charged. The magistrate will read charges, enter a plea (guilty or not guilty), and set future court dates.
4. Brief of Evidence: Police must provide all evidence against you within 6-8 weeks. Your lawyer reviews this for weaknesses and procedural errors.
5. Case Conference or Negotiations: Your lawyer negotiates with police prosecutors to potentially reduce charges or seek alternative penalties.
6. Committal Hearing (if applicable): For serious burglary charges heard in District Court, a magistrate determines if sufficient evidence exists to proceed to trial.
7. Trial or Sentencing: Either contest charges at hearing/trial or proceed to sentencing if pleading guilty.

This process typically takes 3-8 months depending on the complexity of your case and which court hears it. Time is critical - evidence can disappear, witnesses' memories fade, and early legal intervention often achieves better outcomes than waiting.

The Law in NSW

NSW defines burglary under the Crimes Act 1900 with several distinct offences carrying different maximum penalties:

Break and Enter (Section 109)

Elements: Breaking and entering any house, building, or structure with intent to commit a serious indictable offence inside. Maximum penalty: 10 years imprisonment. The prosecution must prove you physically entered premises unlawfully and intended to commit theft, assault, or property damage inside.

Aggravated Break and Enter (Section 110)

Elements: Breaking and entering while armed with a dangerous weapon, in company with others, or knowing someone else is present. Maximum penalty: 14 years imprisonment. This applies when circumstances make the offence more serious - weapons, groups, or victims present increase penalties significantly.

Home Invasion (Section 110A)

Elements: Breaking and entering a dwelling house knowing someone is present, or being reckless about whether someone is present. Maximum penalty: 14 years imprisonment. NSW treats home invasion as the most serious form of burglary because it violates personal safety and security.

Commercial vs Residential Burglary

NSW courts impose harsher penalties for residential burglary than commercial break-ins. Home invasions attract sentences 2-3 times longer than breaking into shops or offices. Judges consider homes as sacred spaces where people should feel safe, while businesses have insurance and security systems.

Recent NSW Court of Criminal Appeal decisions show first-time residential burglars receiving 2-4 years imprisonment, while commercial burglary often results in intensive correction orders or periodic detention for first offenders.

Mistakes to Avoid

1. Speaking to police without a lawyer present: Police record everything you say as evidence against you. Even explaining your presence near the crime scene can become an admission used in court. We've seen countless cases where clients talked themselves into convictions by trying to "help" police understand the situation.

2. Pleading guilty at the first court appearance: Magistrates often ask for an immediate plea, but you need time to review the brief of evidence first. We regularly find cases where critical evidence is missing, procedures weren't followed correctly, or identification evidence is weak - all grounds for having charges dismissed.

3. Accepting police facts without challenge: Police facts sheets often contain errors, assumptions, and interpretations that increase the apparent seriousness of your offending. We scrutinise every detail because even small changes to police facts can mean the difference between prison and a community-based penalty.

4. Not applying for bail immediately: If refused police bail, some people wait weeks before applying to court for bail. Every day in custody counts against you, and magistrates are more likely to grant bail quickly after arrest than after lengthy delays.

5. Failing to gather character references and mitigation evidence early: Courts want to see immediate remorse, rehabilitation efforts, and community support. Starting counselling, obtaining character references, and demonstrating lifestyle changes takes time but dramatically improves sentencing outcomes.

Likely Outcomes and Costs

With Legal Representation

Experienced criminal lawyers achieve significantly better outcomes than self-represented defendants. We regularly negotiate charges down from aggravated burglary to simple break and enter, saving clients 4+ years imprisonment. In appropriate cases, we secure intensive correction orders instead of full-time custody, allowing you to keep your job and family relationships intact.

Recent client outcomes include having home invasion charges dismissed due to identification issues, reducing break and enter charges to trespass (saving a client 3 years imprisonment), and securing suspended sentences for first-time offenders with strong mitigation.

Going It Alone

Self-represented defendants in NSW burglary matters receive custodial sentences in over 70% of cases. Without understanding court procedures, evidence rules, and sentencing factors, you'll likely plead guilty to the original charges and receive penalties close to the maximum.

Legal Costs and Timeframes

Go To Court Lawyers offers fixed-fee representation starting from $2,200 for Local Court burglary matters, and $4,400 for District Court cases. Payment plans available. Compare this to 2+ years imprisonment (worth $200,000+ in lost income) and the lifelong impact of a serious criminal record.

Most cases resolve within 3-6 months. Complex matters requiring forensic challenges or expert witnesses may take 8-12 months but often achieve dramatically better outcomes worth the wait.

How Go To Court Lawyers Can Help

Go To Court Lawyers operates the largest criminal law practice in Australia with over 800 lawyers across every state and territory. Our NSW criminal lawyers appear daily in Downing Centre, Parramatta, Liverpool, Penrith, Campbelltown, and all Local and District Courts throughout the state.

We offer immediate assistance through our 24/7 hotline 1300 636 846 - speak to a criminal lawyer right now, even on weekends and public holidays. Our fixed-fee consultation provides a comprehensive case assessment, clear advice on your prospects, and a detailed strategy for achieving the best possible outcome.

Our 4.5-star rating from 780+ client reviews reflects our commitment to achieving real results. We understand that burglary charges often arise from difficult personal circumstances - drug addiction, financial stress, mental health issues. We don't judge; we defend.

Book your consultation online at gotocourt.com.au/book or call 1300 636 846 now. Every hour you delay gives police more time to build their case against you. Take action now to protect your future.

For urgent after-hours assistance, our 24/7 emergency line ensures you never face police questioning alone. Your freedom and future depend on the decisions you make today.