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What Should I Do if I’m Charged with Home Invasion in Melbourne?

 

What Should I Do if I’m Charged with Home Invasion in Melbourne?


Introduction

Being charged with home invasion in Melbourne is a very serious matter. Under Victorian law, this offence carries significant penalties, including lengthy prison sentences. If you’re facing such charges, the most important thing to remember is that you still have legal rights and options. With the right defence strategy and support from an experienced lawyer, you can protect your future.

Understanding Home Invasion Charges in Melbourne

Home invasion is more serious than standard burglary. According to Victorian criminal law, it generally involves:

  • Entering someone’s home without permission,

  • Being armed or in company with others, and

  • Intending to commit a serious offence such as theft, assault, or property damage.

Unlike ordinary burglary, a home invasion charge can carry harsher penalties because it directly endangers people inside their homes. You can learn more about how courts treat burglary and home invasion cases on our Burglary & Invasions page.

Immediate Steps to Take If You’re Charged

  1. Stay Calm and Avoid Self-Incrimination
    Don’t argue with police or try to explain your side of the story on the spot. Anything you say can be used as evidence.

  2. Exercise Your Right to Silence
    You are not legally required to answer questions beyond providing your name and address.

  3. Request Legal Representation Immediately
    The first call you should make is to a criminal defence lawyer in Melbourne. Having the right legal team early can significantly impact the outcome.

Why You Need a Home Invasion Lawyer in Melbourne

Attempting to face these charges without professional help is risky. An experienced home invasion lawyer can:

  • Analyse whether police gathered evidence lawfully,

  • Identify weaknesses in the prosecution’s case,

  • Negotiate with prosecutors for reduced charges,

  • Represent you in bail hearings and court appearances.

At Marcellus Law, we specialise in complex criminal cases, including burglary and home invasion, and have a strong track record of achieving positive results for our clients.

Possible Legal Defences for Home Invasion Charges

Every case is unique, but some common defences include:

  • Mistaken Identity – You were not present at the scene.

  • Lack of Intent – No intent to commit a serious offence.

  • Consent to Enter – You had permission to be on the property.

  • Insufficient Evidence – The prosecution cannot prove guilt beyond a reasonable doubt.

  • Self-Defence – In limited circumstances, actions may be justified.

Your lawyer will assess which defence strategy is most effective for your situation.

What Happens in Court? (The Legal Process)

Facing court for a home invasion charge can feel overwhelming. Here’s a simplified breakdown:

  • First Court Appearance: Often in the Magistrates’ Court. Bail may be discussed.

  • Committal Hearing: The magistrate decides if there is enough evidence for trial.

  • Trial: If the case proceeds, it may be heard in the County Court or Supreme Court.

  • Outcome: Charges may be dismissed, downgraded, or result in sentencing.

To understand how similar cases have been resolved, explore our Case Studies.

How a Lawyer Can Help Reduce Penalties

Even if evidence against you is strong, a skilled lawyer can work towards reducing penalties by:

  • Negotiating a plea deal,

  • Presenting mitigating circumstances (e.g. no prior record, genuine remorse),

  • Highlighting rehabilitation efforts (counselling, community service),

  • Arguing for non-custodial sentences where possible.

FAQs

Q: What is the maximum penalty for home invasion in Melbourne?
Home invasion can result in significant prison time, often over a decade, depending on circumstances.

Q: Can I get bail if charged with home invasion?
Bail is possible but depends on the seriousness of the case and risk factors. A lawyer is essential in securing it.

Q: What if I was present but didn’t participate in the offence?
You may still face charges, but your lawyer can argue your level of involvement was minimal or non-existent.

Q: How long does a home invasion case take?
It varies. Some matters resolve quickly with negotiations, while others may take months if going to trial.

Conclusion

Being charged with home invasion in Melbourne is extremely serious, but it doesn’t mean conviction is inevitable. With immediate legal advice and a strong defence strategy, you can protect your rights and work toward the best possible outcome.

If you or someone you know is facing charges, contact Marcellus Law today for confidential advice and strong legal representation.

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