Charged With Burglary in Tasmania - What Happens Now?

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

Burglary charges in Tasmania carry severe penalties including up to 21 years imprisonment for aggravated offences. The Tasmanian Criminal Code defines burglary broadly - you can be charged even without stealing anything or physically breaking something. If police have charged you with burglary, breaking and entering, or home invasion, contact a criminal lawyer immediately on 1300 636 846. Every conversation with police without a lawyer present can damage your case.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer for burglary charges in Tasmania. The prosecution will have experienced lawyers building their case against you from day one. Without proper legal representation, you face maximum penalties, struggled bail applications, and criminal convictions that destroy employment prospects for decades.

A criminal defence lawyer can challenge evidence, negotiate charges down from aggravated to simple burglary, secure bail when police oppose it, and often achieve outcomes that keep you out of prison. We see clients every week who tried representing themselves initially - they always wish they had called us sooner.

The difference between a good lawyer and no lawyer in burglary cases often means 2-3 years less prison time, or avoiding prison entirely. These charges are too serious to handle alone. Call 1300 636 846 now - our criminal lawyers answer 24/7 and your first consultation is fixed-fee at $295.

What Happens Next - The Process

Understanding the court process helps you prepare and make better decisions with your lawyer:

1. Police interview and charges: If not already interviewed, police will request you attend the station. Never attend without a lawyer present. Anything you say will be used against you in court.
2. Bail hearing: For serious burglary charges, you may be refused police bail and appear before the Magistrates Court within 24 hours for a bail application. Your lawyer needs time to prepare bail materials.
3. First court appearance: Usually at Hobart or Launceston Magistrates Court within 2-6 weeks. Your lawyer will obtain police disclosure and discuss charges with prosecution.
4. Committal proceedings: For indictable burglary charges, the Magistrates Court determines if sufficient evidence exists to commit you for trial in the Supreme Court. This process takes 3-6 months.
5. Supreme Court arraignment: You enter your plea before a Supreme Court judge. Your lawyer will have negotiated with prosecution about charges and facts by this point.
6. Trial or sentencing: If pleading not guilty, your trial occurs 6-12 months later. If pleading guilty, sentencing usually happens within 2-3 months of arraignment.

Each step requires strategic decisions that affect your outcome. Acting without a lawyer at any stage damages your prospects significantly. Book your consultation at gotocourt.com.au/book to start building your defence immediately.

The Law in Tasmania

Tasmania's Criminal Code Act 1924 creates several burglary-related offences with different elements and penalties:

Breaking and Entering (Section 173)

The prosecution must prove you:

• Broke and entered a building
• With intent to commit a crime inside

Maximum penalty: 14 years imprisonment. "Breaking" includes opening unlocked doors or windows - no actual damage required. The intent must exist before entry, but you don't need to complete the intended crime.

Aggravated Burglary (Section 174)

Aggravated burglary occurs when breaking and entering is accompanied by:

• Being armed with a dangerous weapon
• Using actual violence against any person
• Threatening violence while armed or in company

Maximum penalty: 21 years imprisonment. Courts treat these charges extremely seriously. Even carrying a screwdriver can constitute being "armed" if used to gain entry.

Home Invasion (Section 177A)

Home invasion requires proof you:

• Unlawfully entered a dwelling
• Knew or were reckless about someone being present
• Used violence or threatened violence against the occupant

Maximum penalty: 25 years imprisonment. This charge applies even if you entered through an unlocked door - no "breaking" required.

Residential vs Commercial Burglary Distinction

While Tasmanian law doesn't create separate offences for residential versus commercial burglary, courts sentence them very differently:

Residential burglary (houses, apartments, occupied dwellings) attracts harsher sentences due to violation of personal security and psychological trauma to victims. Expect 2-3 years imprisonment minimum for contested residential burglary with prior convictions.

Commercial burglary (shops, offices, warehouses) typically receives lower sentences focused on property loss rather than personal violation. First-time offenders might achieve suspended sentences with good legal representation.

The Supreme Court considers residential burglary among the most serious property crimes. Your lawyer's ability to negotiate charges down from residential to commercial context, or from aggravated to simple burglary, dramatically affects your sentence.

Mistakes to Avoid

These mistakes destroy burglary defences and lead to harsher sentences:

1. Speaking to Police Without a Lawyer

Police interviews for burglary charges last 2-4 hours and cover detailed timelines, your movements, associates, and any connection to the scene. Trained investigators use sophisticated questioning techniques to obtain admissions. We regularly see clients who thought they were "clearing things up" but actually provided crucial evidence for conviction. Once recorded, these admissions cannot be withdrawn.

2. Assuming Lack of Fingerprints Means No Case

Modern burglary prosecutions rely on CCTV footage, phone location data, witness identification, possession of stolen property, and circumstantial evidence chains. Clients often believe they're safe without fingerprint evidence, but we see successful prosecutions using combinations of other evidence daily. Don't underestimate the prosecution case.

3. Failing to Challenge Search Warrants

Police searches that uncover stolen property often stem from invalid warrants or unlawful searches. Challenging search legality can exclude crucial evidence, but this must be done properly and early. Self-represented defendants miss these opportunities because they don't understand search and seizure law complexities.

4. Accepting Police Bail Conditions Too Readily

Harsh bail conditions like curfews, reporting requirements, or residential restrictions can last 12-18 months until case resolution. Many conditions are negotiable or challengeable, but police don't advertise this. Your lawyer can often secure more workable conditions that don't destroy your employment or family relationships.

5. Pleading Guilty to Wrong Charges

Prosecution often charges the most serious possible offence initially. We regularly negotiate aggravated burglary charges down to simple breaking and entering, or burglary charges down to trespass. The difference means years less imprisonment. Self-represented defendants typically accept initial charges without understanding negotiation possibilities.

Likely Outcomes and Costs

With Proper Legal Representation

Criminal lawyers achieve significantly better outcomes in Tasmanian burglary cases:

• Charge negotiations: 60-70% of our burglary clients receive reduced charges through early negotiations with prosecution
• Bail success: Proper bail applications with supporting materials achieve bail in 80% of contested cases
• Sentence mitigation: Comprehensive plea preparations typically reduce sentences by 25-40% compared to unrepresented defendants
• Alternative sentences: Suspended sentences, community service, or intensive correction orders instead of immediate imprisonment for suitable first-time offenders

Legal costs: Criminal defence for burglary charges typically costs $8,000-$15,000 for Magistrates Court matters, $15,000-$35,000 for Supreme Court proceedings. Payment plans are available, and this investment often saves you years in prison.

Without Legal Representation

Self-represented defendants in burglary cases typically receive:

• Maximum or near-maximum sentences due to inadequate plea preparation
• Failed bail applications resulting in months in custody awaiting trial
• Guilty pleas to charges that could have been negotiated down significantly
• Criminal convictions affecting employment, travel, and housing for decades

Timeframes: Burglary cases typically resolve within 8-12 months with good legal representation, 12-18 months if proceeding to trial. Self-represented cases often drag longer due to procedural mistakes and adjournments.

The financial cost of a lawyer becomes insignificant compared to lost income from imprisonment, criminal conviction employment barriers, and family breakdown. Call 1300 636 846 to discuss payment options and case strategy immediately.

Bail Prospects for Burglary Charges

Bail for burglary charges in Tasmania depends on several factors courts carefully examine:

Factors supporting bail:

• Stable accommodation and employment
• Strong family and community ties
• No recent criminal history or breaches
• Willingness to comply with conditions
• Weak prosecution case

Factors opposing bail:

• Multiple burglary charges or related offences
• Previous failures to appear or condition breaches
• Drug addiction or unstable lifestyle
• Strong prosecution evidence
• Risk to community safety

For residential burglary and home invasion charges, magistrates presume against bail unless exceptional circumstances exist. Your lawyer must prepare detailed bail materials including character references, employment letters, proposed surety arrangements, and residential stability evidence.

Aggravated burglary charges often require Supreme Court bail applications if refused in Magistrates Court. These applications cost additional legal fees but frequently succeed with proper preparation. Contact us immediately at gotocourt.com.au/book if you're facing a bail hearing - preparation time is crucial.

How Go To Court Lawyers Can Help

Go To Court Lawyers has defended thousands of burglary cases across Australia since 2010, with specialist criminal lawyers in Tasmania who understand local courts, magistrates, and prosecution approaches.

Our burglary defence services include:

• Immediate legal advice: 24/7 hotline 1300 636 846 connects you with experienced criminal lawyers who can attend police interviews and court hearings urgently
• Comprehensive case analysis: We examine all evidence, identify prosecution weaknesses, and develop strategic defence plans tailored to Tasmanian law and local court practices
• Skilled negotiations: Our lawyers negotiate charge reductions and case resolution with Tasmanian prosecutors daily, achieving outcomes self-represented defendants cannot access
• Expert court representation: From bail applications to Supreme Court trials, our lawyers have the experience and reputation to achieve optimal results in Tasmanian courts

Why choose Go To Court Lawyers for your burglary defence:

• 800+ specialist lawyers across every state and territory, ensuring local expertise and immediate availability
• Fixed-fee fixed-fee consultation - no surprise legal bills for initial advice and case assessment
• 4.5-star rating from 780+ client reviews - proven track record of satisfied clients and successful outcomes
• Flexible payment plans - we understand financial stress and offer realistic payment arrangements
• Immediate availability - we answer calls 24/7 and can attend urgent court hearings and police interviews

Burglary charges can destroy your future, but the right legal representation transforms outcomes dramatically. Our Tasmanian criminal lawyers have achieved not guilty verdicts, charge withdrawals, and suspended sentences in cases where clients faced years in prison.

Don't wait - every day without proper legal advice strengthens the prosecution case against you.

Call 1300 636 846 now for immediate legal advice, or book your consultation at gotocourt.com.au/book. Our criminal lawyers are available 24/7 to protect your rights and fight for your freedom.