NSW Son Charged with Breaking and Entering, and Assault

[michael2]

My son has been charged with aggravated breaking and entering, and committed serious indictable offence and assault occasioning actual bodily harm. He states that the front door was ajar and that he entered. She says he entered through the closed back door. A taxi driver who delivered him to the address states that he entered through the front door. She claims the front door was locked.

It was his ex-girlfriend and he had been living there approx a week or two prior. His belongings were still in there. He then went into the bedroom where she was naked in bed with another man. A fight broke out where the other man threw the first few punches and eye gorged my son. He has Legal Aid and they say that there is a high chance that he will go to jail.

What is your thoughts?

 

[Do I need a Lawyer]

Hi Michael,

If the door was ajar then the appropriate charge may be enter dwelling rather than break and enter. It is difficult to determine any penalty without further information, however the offences appear to be serious. Is your son pleading guilty or not guilty to the charges?

Regards.

 

[Tim W]

Knowing only what you have told us, missing facts missing,
and unstated ifs, buts, and variables not allowed for,
I would wild-guess that the "circumstances of aggravation" here
is probably that there were people present when he broke in.

Chances of him being convicted? More than 50%.
If he's convicted after pleading not guilty, then he will
lose any discount that might have been available for an early guilty plea.

That said, I'm not game to speculate on any possible penalty (prison or something else),
because sentencing is a complex process, and there's too much I don't know about his history
and the other factors that may be in play.