Theft (including shoplifting / employee theft)
Legislation
Crimes Act 1958 (Vic), s 74
Max Penalty
10 years' imprisonment
Typical Court
Magistrates' / County
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Melbourne Theft, Burglary and Robbery Lawyers
Facing a theft, burglary or robbery charge can affect your record, employment and liberty.
Lauren Tye defends clients charged with shoplifting, employee theft, burglary, robbery, armed robbery and home invasion across Victoria’s courts, with each matter prepared carefully and strategically.
Available 24/7 for arrests and police interviews. Confidential advice. No obligation.
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Theft, burglary and robbery charges can affect your record, employment, reputation and liberty. Early legal advice is important, especially where the case turns on identification, intent, ownership, entry to premises, use of force or the value of property.
Lauren Tye represents clients charged with shoplifting, employee theft, burglary, aggravated burglary, robbery, armed robbery and home invasion across Victoria.
Depending on the charge and the evidence, your matter may be resolved by diversion, a plea without conviction, negotiation with prosecution or a contested hearing. Serious charges can carry the risk of imprisonment.
Lauren prepares each matter personally by reviewing the brief, testing the evidence, considering available defences and advising on the best way to protect your position.
Lauren Tye acts for clients facing theft and dishonesty charges across Victoria. Select a charge below for guidance on the offence, the issues likely to arise, possible defences, and the options available for resolving the matter.
Shoplifting and theft charges can involve money, property or personal items. Lauren reviews the evidence and advises on the best way to resolve or contest the charge.
Employee theft allegations can involve cash, stock, company property, refunds or workplace records. Lauren assesses the evidence and advises on negotiation, diversion or plea options.
Burglary charges often turn on entry, intent and identity. Lauren examines whether the prosecution can prove each element of the offence.
These serious charges may involve occupied homes, weapons or violence. Lauren provides advice on bail, evidence, negotiations and court strategy.
Robbery involves allegations of theft with force or threats. Lauren reviews the evidence and considers whether the charge can be challenged or reduced.
Armed robbery carries serious penalties. Lauren advises on bail, committal strategy, negotiations, trial preparation and the strongest available response.
Theft, burglary and robbery charges can carry serious penalties, especially where violence, weapons, occupied homes or Commonwealth property are involved. The table below sets out the maximum penalties for common Victorian and Commonwealth offences. Actual outcomes depend on the charge, the evidence, the circumstances of the case, and the court hearing the matter.
| Charge | Legislation | Max Penalty | Typical Court |
|---|---|---|---|
| Victorian Theft, Burglary and Robbery Offences | |||
| Theft (including shoplifting / employee theft) | Crimes Act 1958 (Vic), s 74 | 10 years' imprisonment | Magistrates' / County |
| Theft of Firearm | Crimes Act 1958 (Vic), s 74AA | 15 years' imprisonment | County |
| Robbery | Crimes Act 1958 (Vic), s 75 | 15 years' imprisonment | County |
| Armed Robbery | Crimes Act 1958 (Vic), s 75A | 25 years' imprisonment | County |
| Burglary | Crimes Act 1958 (Vic), s 76 | 10 years' imprisonment | Magistrates' / County |
| Aggravated Burglary | Crimes Act 1958 (Vic), s 77 | 25 years' imprisonment | County |
| Home Invasion | Crimes Act 1958 (Vic), s 77A | 25 years' imprisonment | County |
| Aggravated Home Invasion | Crimes Act 1958 (Vic), s 77B | Life imprisonment | County / Supreme |
Crimes Act 1958 (Vic), s 74
10 years' imprisonment
Magistrates' / County
Crimes Act 1958 (Vic), s 74AA
15 years' imprisonment
County
Crimes Act 1958 (Vic), s 75
15 years' imprisonment
County
Crimes Act 1958 (Vic), s 75A
25 years' imprisonment
County
Crimes Act 1958 (Vic), s 76
10 years' imprisonment
Magistrates' / County
Crimes Act 1958 (Vic), s 77
25 years' imprisonment
County
Crimes Act 1958 (Vic), s 77A
25 years' imprisonment
County
Crimes Act 1958 (Vic), s 77B
Life imprisonment
County / Supreme
| Charge | Legislation | Max Penalty | Typical Court |
|---|---|---|---|
| Commonwealth Theft, Burglary and Robbery Offences | |||
| Theft — Commonwealth Property | Criminal Code Act 1995 (Cth), s 131.1 | 10 years' imprisonment | Varies |
| Robbery | Criminal Code Act 1995 (Cth), s 132.2 | 15 years' imprisonment | Varies |
| Aggravated Robbery | Criminal Code Act 1995 (Cth), s 132.3 | 20 years' imprisonment | Varies |
| Burglary | Criminal Code Act 1995 (Cth), s 132.4 | 13 years' imprisonment | Varies |
| Aggravated Burglary | Criminal Code Act 1995 (Cth), s 132.5 | 17 years' imprisonment | Varies |
“Typical Court” is a practical guide only and is not statutory wording. Some indictable matters may be heard in the Magistrates’ Court where appropriate, while more serious charges are usually dealt with in higher courts.
This is general information only. For advice about your specific charge, contact Lauren.
Many theft and burglary charges are dealt with in the Magistrates’ Court of Victoria, including some indictable offences that can be heard summarily.
More serious matters, including aggravated burglary, home invasion, robbery and armed robbery, may proceed to the County Court or, in the most serious cases, the Supreme Court.
The court your matter is heard in can affect the penalties available, the preparation required, and the best strategy for resolving or contesting the charge. Lauren Tye advises on jurisdiction early and represents clients across Victoria’s criminal courts.
How Lauren Tye has secured strong outcomes for clients facing theft, fraud and dishonesty charges in Victorian courts.
Our client, a first-time offender, was charged with theft from a major retailer. Lauren Tye prepared a detailed diversion application, including character references, evidence of restitution, and material addressing the underlying circumstances.
The diversion application was supported by police prosecutors and granted by the Magistrate. The charge was dismissed on completion of the diversion plan, with no finding of guilt and no criminal record.
Our client faced multiple charges of obtaining a financial advantage by deception involving a significant sum. The prosecution initially indicated that an immediate term of imprisonment would be sought.
Lauren Tye prepared detailed plea material, including psychological reports, evidence of repayment, and submissions on the client’s circumstances. The Court accepted the submissions and imposed a non-custodial outcome.
Every case depends on its own facts and circumstances. Past outcomes do not guarantee future results.
A theft, burglary or robbery charge can affect your liberty, employment, reputation and criminal record. Early legal advice can protect your position and preserve important options.
Do not take part in a police interview before speaking to a lawyer. Anything you say may be used as evidence against you.
Do not contact the complainant, alleged victim, store, business, homeowner or any witness. Any communication should go through your lawyer.
Keep any material that may assist your defence, including receipts, messages, bank records, employment records, CCTV details, location information or proof of ownership or permission.
Do not discuss the allegations on social media, in messages, group chats or with potential witnesses.
Character references, restitution, counselling records or employment material may help, but the timing and content matter.
Lauren reviews the brief, tests the evidence, considers available defences, and advises on options such as diversion, negotiation, a plea without conviction or contesting the charge. Lauren Tye is available 24/7 on 0451 877 714.
Early strategy can make a significant difference in a theft, burglary or robbery case.
These charges can affect your liberty, criminal record, employment and reputation. From the start, decisions about diversion, negotiation, bail, plea or contesting the charge can shape the outcome.
Lauren Tye reviews each matter personally, including the prosecution brief, CCTV, witness statements, identification evidence, intent, ownership, entry to premises, alleged force, weapons and any available defence.
In appropriate cases, theft and burglary matters may be resolved by diversion, negotiation or a plea without conviction. More serious matters, including robbery, armed robbery, aggravated burglary and home invasion, require careful preparation from the outset.
Available 24/7 including nights, weekends, and public holidays.
All enquiries are strictly confidential.
Direct access to your lawyer, not a call centre or junior associate.
Call Lauren directly on nights, weekends, and public holidays.
Melbourne Magistrates' Court, County Court, Supreme Court, and regional Victoria.
Your initial consultation is free. All enquiries are strictly confidential.
Most Victorian theft, burglary and robbery offences are charged under the Crimes Act 1958 (Vic). Relevant offences include theft, burglary, aggravated burglary, robbery, armed robbery, home invasion and aggravated home invasion. Commonwealth theft, burglary and robbery offences may also apply where Commonwealth property or federal jurisdiction is involved.
No. A charge is an allegation, not a finding of guilt. Whether you receive a criminal record depends on how the matter is resolved. In appropriate cases, diversion, negotiation, a plea without conviction or successfully contesting the charge may avoid a recorded conviction.
Many theft and burglary matters are heard in the Magistrates’ Court of Victoria. More serious charges, including aggravated burglary, home invasion, robbery and armed robbery, may proceed to the County Court or, in the most serious cases, the Supreme Court.
As early as possible. Early advice is especially important if police want to interview you, bail is being considered, a court date is approaching, or the charge may affect your employment, reputation or liberty. Early legal advice can help protect your position and preserve important options.
Theft usually involves allegations of taking property belonging to another person or business. Burglary involves entering a building as a trespasser with intent to steal, assault or damage property. Robbery involves theft with force, threats or fear of force.
The prosecution must prove the accused dishonestly appropriated property belonging to another person, with the intention of permanently depriving that person of it. In many cases, issues such as ownership, permission, intent and identification are central.
Yes, in appropriate cases. Diversion is generally considered for lower-level offending and requires prosecution support and court approval. If diversion is completed, the charge is dismissed with no finding of guilt and no criminal record recorded.
Yes. Employee theft may involve allegations about cash, stock, company property, refunds, transactions, fuel cards, tools, records or other workplace property. These cases often require close review of employment records, CCTV, internal documents and witness statements.
Burglary generally involves entering a building, or part of a building, as a trespasser with intent to steal, assault a person, or damage property. The prosecution must prove the required entry, trespass and intent.
Aggravated burglary is a more serious form of burglary. It may be alleged where the person had a firearm, imitation firearm, offensive weapon, explosive or imitation explosive, or where another person was present and the accused knew or was reckless about that presence.
Burglary focuses on unlawful entry with the required intent. Home invasion is a more serious home-entry offence and is usually charged where the allegation involves a home and aggravating circumstances. It should be treated as a serious charge from the outset.
Robbery involves stealing while using force, or putting or seeking to put another person in fear of force, immediately before or at the time of the theft.
Armed robbery is robbery where the accused is alleged to have had a firearm, imitation firearm, offensive weapon, explosive or imitation explosive at the time. It carries a maximum penalty of 25 years’ imprisonment.
Yes, where the evidence supports it. Charges may sometimes be withdrawn, downgraded or resolved by negotiation, particularly where there are weaknesses in identification, intent, ownership, entry, force, weapons or the alleged value of property.
Not automatically. A charge is an allegation, not a finding of guilt. The outcome depends on whether the charge is withdrawn, contested, resolved by diversion, or dealt with by plea. In some cases, a non-conviction outcome may be available.
It depends on the charge, the court, the evidence and whether the matter resolves by negotiation or proceeds to a contested hearing, committal or trial. Straightforward theft matters may resolve faster than serious burglary, robbery or home invasion cases.
The cost depends on the seriousness of the charge, the volume of evidence, the court, and whether the matter is a plea, contested hearing, committal or trial. Lauren will explain likely costs after reviewing the charge and the stage of the case.
Yes. Lauren Tye provides urgent advice for theft, burglary and robbery charges, including police interviews, bail issues, upcoming court dates and serious allegations involving robbery, armed robbery, aggravated burglary or home invasion.
This information is general only and not legal advice. If you need advice about your situation, contact Lauren directly.
Many theft and burglary charges in Victoria are dealt with in the Magistrates’ Court, usually near where the alleged offending occurred, while more serious charges such as aggravated burglary, home invasion, robbery and armed robbery may proceed to the County Court or, in the most serious cases, the Supreme Court.
Lauren Tye appears in courts across metropolitan Melbourne and regional Victoria, and represents clients in higher courts where serious matters proceed.
Lauren Tye appears in Magistrates’ Courts, the County Court, and the Supreme Court of Victoria for assault and violence matters across metropolitan Melbourne and regional Victoria.
