Aggravated Burglary
What constitutes Aggravated Burglary?
An individual will be guilty of aggravated burglary under section 10 of the Theft Act 1986 if they commit any burglary - and/or have possession of an offensive weapon.
What will the Crown Prosecution Service consider when deciding to charge someone with Aggravated Burglary?
The basic burglary offence must be proven, namely that the individual:
• Entered the building;
• That it is a building or part of a building;
• The individual did so as a trespasser;
• They did so with intention of stealing, or inflicting GBH (etc).
Once the offence of burglary has been established, the prosecution must then establish what "weapon of offence" the individual had possession of at the time of the burglary which may make the offence and aggravated one.
How can a Solicitor Assist?
The law concerning aggravated burglary can be complex and you should always take legal advice before answering any questions from the police, and if charged, before you go to court. One would require the assistance of a criminal defence solicitor. At ULA Solicitors we are dedicated to providing clear advice to you in order to ensure that you receive the best possible outcome. This may be to advise at the police station which reduces the chances of you further incriminating yourself, or whether it be the advice of pleading guilty early in order to allow for a 25% reduction in sentence, or getting you an experienced barrister to ensure that you have the best chance if your matter was to proceed to trial. We will always listen to our client's instructions and act in accordance with these and their best interest.
Fees?
As with other criminal law matters the government provides funding by way of legal aid. This is the same in the instance where the individual is charged in relation to an aggravated burglary offence. Again, the individual would have to qualify for legal aid on two grounds. Firstly, their disposable income must be below a certain amount and secondly, it must be in the interests of justice that they be represented. With such offences, as they carry lengthy custodial sentences the individual would most definitely satisfy the latter criterion.