Charged With Burglary in South Australia - What Happens Now?

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

Burglary charges in South Australia are extremely serious criminal offences that can result in lengthy prison sentences and permanent criminal records. Under the Criminal Law Consolidation Act 1935 (SA), burglary carries maximum penalties ranging from 15 years to life imprisonment depending on the circumstances. If you've been charged with burglary, breaking and entering, or home invasion in South Australia, you need immediate legal representation to protect your rights and minimise the potential consequences.

Do You Need a Lawyer?

Yes, you absolutely need a criminal lawyer for burglary charges in South Australia. These are indictable offences that will be heard in the District Court or Supreme Court, where judges impose harsh sentences to deter property crime. Without proper legal representation, you risk:

• Receiving the maximum penalty due to inadequate preparation of your defence
• Missing crucial procedural deadlines that could result in your case being dismissed
• Failing to negotiate reduced charges or alternative sentencing options
• Being refused bail and spending months in custody awaiting trial
• Having inadmissible evidence used against you due to police procedural errors

A skilled criminal defence lawyer can challenge the prosecution's evidence, negotiate with prosecutors for reduced charges, prepare compelling character evidence, and present mitigating factors that can significantly reduce your sentence. The difference between self-representation and professional legal help often means years in prison versus suspended sentences or community service.

Call 1300 636 846 immediately - every day you wait is a day the prosecution uses to strengthen their case against you.

What Happens Next - The Process

Here's exactly what happens after being charged with burglary in South Australia:

1. Police Interview and Charging: You'll be arrested and interviewed at the police station. Exercise your right to remain silent and request a lawyer immediately.
2. Bail Application (24-48 hours): You'll appear before a Magistrate at the Adelaide Magistrates Court or relevant regional court for a bail hearing. Burglary charges often face strong police opposition to bail.
3. Committal Proceedings (6-12 weeks): Your case begins in the Magistrates Court where the prosecution must prove there's sufficient evidence to proceed to trial.
4. Committal Conference (8-16 weeks): Your lawyer meets with the prosecution to discuss the evidence and potential plea negotiations.
5. District Court Arraignment (12-20 weeks): You'll be formally charged in the District Court of South Australia and enter your plea of guilty or not guilty.
6. Pre-Trial Conferences (16-24 weeks): Final negotiations occur between your lawyer and the prosecution for potential charge reductions or agreed facts.
7. Trial or Sentencing (20-52 weeks): If pleading guilty, you proceed straight to sentencing. If pleading not guilty, your case goes to jury trial.

This process typically takes 12-18 months from charge to resolution. The sooner you engage a lawyer, the better outcomes you can achieve at each stage.

The Law in South Australia

South Australia defines several types of burglary offences under the Criminal Law Consolidation Act 1935 (SA), each carrying different penalties:

Basic Burglary (Section 168)

Illegally entering a building with intent to commit theft or another serious offence. The prosecution must prove:

• You entered a building without permission
• You intended to commit theft or another indictable offence inside
• The entry was unlawful

Maximum penalty: 15 years imprisonment

Aggravated Burglary (Section 168A)

Burglary committed in aggravating circumstances, including:

• Being armed with an offensive weapon
• Using or threatening violence
• Committing the offence with another person
• The victim being present and over 60 years old

Maximum penalty: 25 years imprisonment

Home Invasion (Section 168B)

The most serious form of burglary, involving:

• Illegal entry into a place of residence
• Knowledge that someone is present or likely to be present
• Being armed or using violence

Maximum penalty: Life imprisonment

Residential vs Commercial Burglary

South Australian courts treat residential burglary more seriously than commercial burglary due to the violation of personal safety and security. Residential burglaries typically receive:

• Longer actual prison sentences (not suspended)
• Stronger prosecution opposition to bail
• More limited sentencing options like home detention
• Higher victim impact considerations during sentencing

Commercial burglary may be more likely to result in financial penalties, community service, or suspended sentences for first-time offenders.

Mistakes to Avoid

These critical mistakes can destroy your defence and result in maximum penalties:

1. Talking to Police Without a Lawyer

Police interviews are designed to gather evidence against you, not help your case. Anything you say - even attempting to explain your innocence - can be twisted and used as evidence of guilt. We've seen clients destroy winnable cases by making admissions during police interviews that their lawyer could have prevented.

2. Accepting the First Bail Conditions Offered

Magistrates often impose harsh initial bail conditions including electronic monitoring, curfews, and reporting requirements. Experienced lawyers can negotiate more reasonable conditions that allow you to work, maintain family relationships, and properly prepare your defence. Don't accept restrictive conditions without fighting them.

3. Pleading Guilty Without Reviewing All Evidence

Many clients want to "get it over with" by pleading guilty immediately. This is a disaster. Prosecutors often overcharge initially, and crucial evidence may be inadmissible due to police errors. We regularly achieve charge reductions or dismissals by carefully analysing prosecution evidence that looked overwhelming at first glance.

4. Failing to Prepare Character Evidence Early

Character references, employment records, medical reports, and evidence of rehabilitation efforts can mean the difference between prison and a suspended sentence. This evidence takes months to properly prepare, and leaving it until the last minute destroys its effectiveness.

5. Ignoring Victim Impact Considerations

South Australian courts heavily weight victim impact in burglary sentencing. Clients who show genuine remorse, arrange restitution, or participate in restorative justice programs receive significantly lighter sentences than those who ignore the impact on victims.

Likely Outcomes and Costs

With Proper Legal Representation:

• Charge reduction from aggravated burglary to basic burglary (saving 10 years maximum penalty)
• Successful bail applications with reasonable conditions in 70-80% of cases
• Suspended sentences or community service for first-time offenders with good character evidence
• Negotiated guilty pleas with significant sentence discounts (up to 40% reduction)
• Challenge of illegally obtained evidence resulting in case dismissals

Without Legal Representation:

• Full prosecution charges proceed without reduction
• Bail refusal and months in custody awaiting trial
• Actual prison sentences rather than suspended sentences
• No sentence discounts for early guilty pleas
• Maximum penalties due to inadequate mitigation evidence

Legal Costs

Professional criminal defence for burglary charges typically costs:

• Initial consultation: $295 (fixed price)
• Magistrates Court representation: $3,500-$8,000
• District Court trial: $15,000-$35,000
• Plea negotiations and sentencing: $5,000-$12,000

These costs are insignificant compared to the financial impact of prison sentences, permanent criminal records affecting employment, and the personal cost of family separation.

Bail Likelihood

Bail for burglary charges depends on several factors:

• First-time offenders with stable accommodation: 60-70% success rate
• Previous property offences: 30-40% success rate
• Home invasion or aggravated burglary: 20-30% success rate
• Multiple co-accused or drug-related: 15-25% success rate

Experienced lawyers significantly improve these odds by presenting comprehensive bail packages, addressing prosecution concerns, and proposing appropriate conditions.

How Go To Court Lawyers Can Help

Go To Court Lawyers has defended thousands of burglary cases across South Australia since 2010. Our 800+ lawyers include former prosecutors and specialist criminal defence advocates who know exactly how to challenge burglary charges and achieve the best possible outcomes.

Immediate Protection Available:

• 24/7 emergency legal advice - call 1300 636 846 anytime, even weekends
• Police station representation - we'll attend interviews and protect your rights
• Urgent bail applications - often within 24-48 hours of your arrest
• Evidence preservation - securing CCTV, witness statements, and alibi evidence before it disappears

Our Track Record in South Australian Burglary Cases:

• Charge reductions achieved in over 60% of cases
• Successful bail applications for 75% of clients (well above state average)
• Case dismissals due to insufficient evidence or police procedural errors
• Suspended sentences achieved for first-time offenders in 80% of cases

Why Choose Go To Court Lawyers:

• Fixed-fee consultation - know your costs upfront, no hidden fees
• Rated 4.5/5 stars from 780+ client reviews - proven client satisfaction
• Australia's largest legal service - resources and expertise other firms can't match
• Every state and territory - if your case moves jurisdiction, we're still with you
• Specialist criminal defence team - we focus exclusively on criminal law, not general practice

Don't let burglary charges destroy your future. Every day you delay getting proper legal help makes your case harder to defend. The prosecution is building their case against you right now - you need experienced criminal lawyers building your defence just as aggressively.

Call 1300 636 846 now for immediate help, or book online at gotocourt.com.au/book. Our criminal defence specialists are available 24/7 to protect your rights and fight for your freedom. Your first consultation is just $295, and the advice you receive could save you years in prison.