Charged with a property offence such as theft, theft of motor vehicle, burglary, or aggravated burglary? These offences can carry serious penalties, including imprisonment, and often involve complex issues around intent, identification, and possession. Early legal advice is critical, what you say to police, and how your case is prepared from the outset, can significantly affect the outcome.
Our criminal law team, led by an LIV Accredited Specialist in Criminal Law, represents clients charged with all property‑related offences across Melbourne and regional Victoria. We appear daily in the Magistrates’ Court, County Court, and Supreme Court.
Property Offences in Victoria – What You Need to Know
Property offences range from low‑level theft matters through to serious indictable offences such as aggravated burglary. Even a first‑time theft charge can have long‑term consequences for employment, security licences, immigration status, and your criminal record.
Common property offences include:
- Theft
- Theft of motor vehicle
- Burglary
- Aggravated burglary
- Handling stolen goods
- Going equipped to steal
- Obtaining property by deception
- Criminal damage
Each offence has specific legal elements the prosecution must prove beyond reasonable doubt. Many cases turn on issues such as:
- Whether the property was dishonestly taken
- Whether you had intent to permanently deprive
- Whether you knew property was stolen
- Whether you were present at the scene
- Whether identification evidence is reliable
- Whether police can prove entry or aggravating circumstances
A careful, early review of the brief is essential.
Theft & Theft of Motor Vehicle
Theft
To prove theft, police must show that you dishonestly appropriated property belonging to another with the intention of permanently depriving them of it. Many cases involve misunderstandings, disputes over ownership, or situations where dishonesty cannot be proven.
Theft of Motor Vehicle
Motor vehicle theft is treated more seriously due to the value of the property and associated risks. Issues often arise around:
- Whether you were the driver
- Whether you knew the vehicle was stolen
- Whether you had permission
- Whether identification or CCTV is reliable
We regularly negotiate reductions from motor vehicle theft to lesser offences where appropriate.
Burglary & Aggravated Burglary
Burglary
Burglary requires proof that you entered a building as a trespasser with intent to steal, assault, or commit criminal damage. The prosecution must prove both trespass and intent — often the most contested elements.
Aggravated Burglary
Aggravated burglary is one of the most serious property offences in Victoria. It involves burglary where:
- Someone was present in the building, or
- You were armed with a weapon
These matters are indictable and often heard in the County Court. A conviction can carry significant jail time, but strong personal circumstances, early rehabilitation, and careful negotiation can meaningfully improve outcomes.
How Our Property Offence Lawyers Help
Assess the Evidence and Identify Defences
We obtain and review the prosecution brief, including CCTV, fingerprints, DNA, witness statements, and forensic evidence. We advise you on:
- Weaknesses in the prosecution case
- Whether the charge is over‑laid
- Whether intent or knowledge can be challenged
- Whether identification evidence is reliable
- Whether police procedure was lawful
- Whether the matter should be contested or negotiated
Defending Property Charges
Where you deny the allegations, we prepare a structured defence strategy. This may include:
- Challenging identification (CCTV, photo boards, DNA, fingerprints)
- Arguing lack of intent or dishonesty
- Challenging possession of stolen property
- Excluding unlawfully obtained evidence
- Calling defence witnesses
- Obtaining expert reports
Negotiating Charges and Outcomes
Many property matters resolve through negotiation. We regularly:
- Seek withdrawal of charges where evidence is weak
- Negotiate reductions (e.g., aggravated burglary → burglary; burglary → theft)
- Resolve matters by way of diversion for eligible first‑time offenders
- Prepare detailed plea submissions to minimise penalties
Diversion is often possible for low‑level theft matters — avoiding a criminal record entirely.
Bail and Property Offences
Property offences often involve bail considerations, especially where:
- There is alleged repeat offending
- The value of property is high
- There is an allegation of burglary or aggravated burglary
We prepare urgent bail applications and address any alleged risks, including flight risk, reoffending, or interference with witnesses.
Where We Appear
Our criminal lawyers appear in property offence matters across Melbourne and Victoria, including:
- Magistrates’ Courts: Ringwood, Moorabbin, Dandenong, Frankston, Heidelberg, Broadmeadows, Sunshine, La Trobe Valley, and others
- County Court of Victoria: Burglary, aggravated burglary, and serious theft matters
- Supreme Court of Victoria: The most serious indictable property offences
We also attend police stations and remand centres for urgent advice.
Legal Aid — Criminal Law Panel
Johnstone & Reimer is on the Victoria Legal Aid Summary Crime Panel and Indictable Crime Panel. You may be eligible for legal aid depending on your financial circumstances and the seriousness of the charges. We can assess your eligibility quickly and assist with the application.
If you are not eligible, we offer competitive privately funded rates with no difference in the level of representation.
Frequently Asked Questions
Will I go to jail for theft or burglary?
It depends on the seriousness of the charge, your prior history, and the circumstances. First‑time, low‑level theft matters often avoid jail. Burglary and aggravated burglary carry higher risks, but strong mitigation and early preparation can significantly improve outcomes.
Can I get diversion for theft?
Yes — diversion is often available for first‑time offenders charged with low‑level theft, provided the prosecution consents. Diversion avoids a criminal record entirely. We assess your eligibility and prepare submissions to support your application.
What if I didn’t know the property was stolen?
Knowledge is a key element. If the prosecution cannot prove you knew (or believed) the property was stolen, you cannot be found guilty of handling stolen goods. We examine the evidence closely and challenge assumptions made by police.
What if I was just present and didn’t participate?
Mere presence is not enough to prove guilt. The prosecution must show you intentionally assisted or were part of a joint criminal enterprise. We challenge weak inferences and assumptions about involvement.
Can aggravated burglary charges be reduced?
Yes, in many cases. If the evidence does not support the aggravating elements (presence of a person, weapon, or intent), we negotiate reductions to burglary or lesser offences.
Speak to a Property Offence Lawyer Now
Property offences can have serious long‑term consequences. Early advice and strong representation can make a significant difference to the outcome.
Call our criminal law team directly for a free consultation on 0483 949 747 or book an appointment online by filling out this form and a member of our team will contact you within 2 business hours:
