Trespassing Offences | Leading Defence Lawyers

If someone comes onto your property for a lawful purpose, such as delivering mail or visiting, they are not breaking the law. However, if they have no such lawful purpose, or if you ask someone to leave a property where you are the owner or occupier, they generally must leave (with the exception, for example, of Police exercising lawful powers). In those circumstances, they could have committed a criminal offence.

Section 4 of the Inclosed Lands Protection Act 1901 (NSW) makes it an offence to enter inclosed lands without permission. This is punishable by a fine of five penalty units (or 10 penalty units if the land is prescribed premises, such as a school or hospital).

Section 4A of the act imposes harsher penalties for remaining on land after a direction to leave from the owner, occupier or person apparently in control of the land where the offender behaves offensively while remaining on the land. The penalty for this is a fine of 20 penalty units where the land is a prescribed premise and a fine of 10 penalty units in all other cases.

The Crimes Act 1900 (NSW) also sets out more serious charges, some with severe penalties, for offences with more aggravated features.

We have experience in defending these charges, negotiating plea deals and dealing with sentences (including avoiding convictions) for these types of offences).

No matter what the degree, we are addicted to not only winning or achieving the best plea deal possible (depending on the case and your instructions), but doing it in the quickest, cheapest, and most impressive way possible. Each and every one of our clients can expect that from us in every matter we undertake.

We are a law firm located on the border of Sydney’s Eastern Suburbs and the CBD and have a notable 97% success rate. With over 40 years combined experience and over 1,700 cases, we have the knowledge, skill, and experience to achieve the result you want. It is our practicality, honesty, transparency, genuineness, determination devotion and tenacity that sets us apart in choosing who to protect your interests when dealing with your assault charge.

Our team has worked on complex trials for Trespass charges, matters pushing the creation of new precedents, and even matters in the High Court, and we have the knowledge, skill and experience allows us to approach charges of all types with ease and transparency, to alleviate anxiety and achieve the desired result. We recently obtained non-convictions for trespassers caught on property, high and incoherent. We have obtained non-conviction and s 14 diversions for a client caught trespassing in a string of properties on CCTV in attempt to break and enter.

We have close, excellent relationships with some of the best criminal barristers for trespass charges in Sydney, ranging from junior counsel through to senior counsel, and we are known to and respected by judicial officer, our peers, prosecutors, Police, and other officials. We leverage these relationships to leave no stone unturned and ensure you have the best prospects for a plea deal or a defended trial when facing a trespass charge, whichever way you decide to proceed following our honest advice.

We handle every case with efficiency, offer flexible meeting times and open communication, and remain discrete at all times.

If you or someone you know is facing an trespass charge, contact our team today for a free initial consultation, and take the first step to securing the legal advice and assistance you deserve.

We speak your language, have an ability to identify and advance even the most invisible defence strategies quickly and skilfully. We take a strategical & practical approach, and our clients are always pleased with how quickly we cut through the red tape and get the job done.