Theft Lawyers

Experienced Robbery, Burglary & Theft Lawyers

Our team of criminal law solicitors specialise in the field of Theft, Burglary and Robbery, providing legal guidance and representation to clients involved in cases in Melbourne and across Victoria. We have defended all levels of severity in charges, ranging from simple theft matters to burglaries and aggravated burglaries, including those prosecuted in both Magistrates’ and County Court. Should you face any charges related to these offenses, it is crucial to seek prompt legal advice and support.

Galbally Parker is Melbourne’s first law firm to practice exclusively in criminal defence law. We have the skill, experience and understanding to deliver the best representation for you or your loved one and will offer guidance and representation at every stage of the process.

How Our Theft Lawyers Can Assist with Burglary, Robbery or Theft Charges

If you are facing a charge related to Burglary, Robbery or Theft, it is crucial to seek expert legal advice and representation to navigate through the legal process effectively. Galbally Parker Lawyers can provide you with the guidance and support you need. Our team of experienced theft lawyers have a deep understanding of the legal system and the complexities of criminal law proceedings. We can help you understand your legal rights, build a strong defence, and represent you in court. With our expertise, we can help you achieve the best possible outcome for your case.

When facing a charge related to Burglary, Robbery or Theft, the following is a typical process that you may go through:

• The police may interview the accused either before or after laying charges regarding the alleged offence. The information provided at this stage can be significant.
• If the Theft, Burglary or Robbery charge proceeds, the prosecution must prove beyond reasonable doubt the elements of the offence. Failure to prove these elements would result in the defendant being found not guilty.
• The grounds on which the defendant can dispute the existence of these elements can be crucial. The defences available for Burglary, Robbery or Theft charges can also impact the case’s outcome.
• If the verdict is guilty, the court will determine the penalty. The penalties for Burglary, Robbery or Theft can range from diversion, which avoids a criminal record, to fines, community correction orders, suspended sentences and imprisonment.

When facing a Burglary, Robbery or Theft related charge, seeking immediate advice and representation from a professional on these matters is essential.

Different Types of Burglary, Robbery and Theft Offences

Burglary, robbery, and theft are criminal offences that involve taking someone else’s property without their consent. While the terms may be used interchangeably, there are significant legal distinctions between each offence. Understanding these distinctions is crucial to developing a robust defence strategy if you are facing charges.

Burglary

To secure a conviction for Burglary, the prosecution must prove beyond reasonable doubt that the defendant:

1. Entered a building (or an inhabited vehicle or vessel)
2. Trespassed with the intent to commit an offense involving theft, assault on a person within the building, or damage to the building or property within it.

A defendant cannot be found guilty of Burglary if any of these elements are not established beyond reasonable doubt. This includes whether the defendant entered the building, trespassed, or intended to commit any of the offenses mentioned above. Additionally, a defendant can avoid conviction if they can establish a defence such as acting under duress or necessity, which involves the defendant acting to avoid a threat, or in self-defence when the events occurred.

Robbery

For conviction to occur, a defendant accused of the offence of Robbery, must be found beyond reasonable doubt to have committed the act of stealing using force or putting someone in fear of force either immediately before or during the theft. If any of these elements cannot be established beyond reasonable doubt, the defendant cannot be found guilty of Robbery. This includes situations where there is uncertainty as to whether the defendant stole an item or used force or threats. In addition, a defendant may be able to avoid a conviction by demonstrating that they acted under duress or out of necessity, or in self-defence.

Theft

For a defendant to be found guilty of Theft, it must be proven beyond reasonable doubt that they appropriated someone else’s property, intended to permanently deprive the owner of the property, and acted dishonestly at the time of the offence. If any of these elements cannot be established beyond reasonable doubt, the defendant cannot be convicted of Theft. Additionally, a defendant may be able to avoid a conviction by demonstrating that they acted under duress or out of necessity at the time of the events leading to the charge.

Aggravated Burglary

These offences are committed where the offender enters a building as a trespasser with an intent to steal or commit an offence involving assault or damage. Aggravated burglary may arise in circumstances where there is a person present in the building when the trespasser enters or, the trespasser is carrying with them a firearm or explosive or imitation thereof.

These offences are serious, particularly in the case of aggravated burglary, and often intersect with other offences, such as theft, drug offences or stalking. In recent years, the Courts have witnessed an escalation of ‘ice’ related burglaries and so the sentences have increased as a way of deterring people from committing these offences in order to fuel their drug problems. However, we attempt to take a multi-faceted approach when we encounter drug related offending of this kind, which involves assisting our clients with rehabilitation, CREDIT or CISP bail, negotiating or defending charges and obtaining the very best possible result, whether that is a lenient sentence or a verdict of acquittal.

In 2016, we acted on behalf of a youthful man charged with armed robbery, a serious offence that carries a maximum penalty of 25 years of imprisonment. Our firm conducted a plea on behalf of our client in the County Court. As part of the plea, we made numerous submissions to inform the Judge of the reasons why our client should receive as lenient sentence as possible. Our client was ultimately spared gaol and was sentenced to a Community Corrections Order with community work and treatment conditions.

Why You Should Choose Galbally Parker Burglary & Theft Lawyers

Our firm has a strong reputation in the legal community, with a track record of achieving positive outcomes for clients. We take a personalised approach to each client, ensuring that their unique needs and circumstances are taken into account when developing their defence strategy. We take the time to listen to our clients and explain the legal process, so you feel informed and confident throughout the process.

If you, or a loved one has been charged with a burglary, robbery or theft offence, please contact our experienced theft lawyers for advice.