If you are facing allegations of burglary or a criminal investigation, Switalskis is here to support you. Having the right solicitors on your side is the only way to build a strong defence and safeguard your rights during your experience with the criminal justice system. A conviction for burglary or any related criminal offences can have grave consequences and comes with a maximum sentence of life imprisonment for the most serious cases.

At Switalskis, our specialist criminal defence solicitors will guide you through each step of the criminal justice process, from providing an account (or not) at a police station to court proceedings, and to the appeals process where necessary. We're empathetic in our approach and we'll make sure you understand what’s happening with your case and the possible outcomes at all times. We'll provide high-quality legal representation, help you to develop an effective defence strategy and make sure you're treated fairly at all times.

Facing criminal charges can be stressful and challenging, but you don’t have to handle it alone. Our criminal defence team has a strong track record of success in defending those accused of burglary-related offences. Call a burglary lawyer from Switalskis today to learn more about how we can help. Call us on 0800 1380 458 , or reach out through our website .

Under criminal law in England and Wales, burglary offences are primarily defined under the Theft Act 1968. There are two types of burglary offences, and a range of related charges that you may face, either separately or alongside a burglary allegation.

Burglary with intent

Under Section 9(1)(a) of the Theft Act 1968, a person commits burglary if they enter a building, or part of it, as a trespasser with intent to commit any of the following offences once inside:

• Theft
• Inflict grievous bodily harm
• Criminal damage

This type of burglary focuses on the offender's intent at the time of entry. Even if they don’t go on to commit theft, cause bodily harm, or damage property, the intent to do so is sufficient to establish a charge under this section.

Burglary involving theft, damage, or harm

Under Section 9(1)(b) of the Theft Act, a person is guilty of burglary if, after entering a building or part of a building as a trespasser, they:

• Steal or attempt to steal something
• Inflict or attempt to inflict grievous bodily harm
• Cause damage to the property or its contents

This offence does not require the intent to commit a crime upon entry. Instead, it covers cases where the offence (theft or grievous bodily harm) occurs once the person is already inside the premises, whether they intended to commit a further criminal offence or not.

Attempted burglary

As we've noted, you don't have to be successful in committing burglary for your actions to be treated as a serious offence with severe consequences. A charge of attempted burglary applies if someone attempts to commit burglary but does not complete the act. Attempted burglary is often treated as a serious offence because, like burglary with intent, it still involves intent to steal or commit harm.

Aggravated burglary

An aggravated burglary charge applies when someone commits a burglary while carrying a weapon. Any of the following weapons can be viewed as aggravating factors that will affect your sentence.

• A firearm or imitation firearm
• An explosive
• Any weapon of offence (an item intended to cause injury or incapacitate)

This is a more serious charge and carries more severe penalties such as longer prison sentences due to the increased threat posed by the presence of a weapon.

Related offences

You may be charged with a number of related offences alongside burglary, depending on the circumstances of the alleged offence. These include: 

• Trespassing with intent to commit an offence: entering a property without permission with the intent to commit a crime, such as theft or assault, can lead to this charge even if no actual burglary occurs.
• Theft: if theft is committed during the burglary, the accused may face additional theft charges. Theft involves unlawfully taking property with the intent to permanently deprive the owner of it, and it can increase the overall severity of the case.
• Criminal damage: if property is damaged during a burglary, you may also face criminal damage charges. This includes vandalism, broken windows, damaged locks, or any other damage inflicted on the property.
• Assault: if someone is harmed or threatened during a burglary, the accused may face charges of assault, depending on the severity of the encounter.
• Conspiracy to commit burglary: if multiple people plan or agree to commit a burglary together, they may face conspiracy charges, even if the crime is not completed. Conspiracy can lead to substantial penalties, especially when organised crime elements are involved.
• Accessory to burglary: someone who aids, assists, or encourages another in committing a burglary, such as by providing information or transport, may face charges as an accessory.

Each of these charges carries its own penalties, with factors like previous convictions, the level of intent, and the presence of aggravating elements (such as violence or weapon possession) affecting sentencing outcomes.

At Switalskis, our criminal defence team is experienced in representing clients who have been accused of all of these offences at all stages of the legal process. From start to finish, we can make sure your rights are upheld and that the best possible defence is put forward, to protect you from unfair treatment.