Can I avoid a criminal record?

A conviction for this charge is likely.

A community correction order is a common sentence for first time offenders. However, each case is unique. Therefore, you should obtain legal advice to get a more accurate sentence range for your charge.

Will I go to jail for breaking and entering?

The maximum penalty is 14 years imprisonment in NSW. 

Therefore, it is possible to go to jail. However, whether you will be sentenced to jail depends on the seriousness of the offence and your subjective circumstances. 

In addition, you may be charged with an aggravated offence. This is a more serious charge. Therefore, the likelihood of jail is higher. :

Break and Enter Definition

The prosecution must prove beyond reasonable doubt that you:

1. Broke something in order to gain access to a building or premises, and
2. Entered that building or premises, and
3. Committed any serious indictable offence. 

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

What is a ‘serious indictable offence?’

A criminal offence that carries a maximum penalty of 5 years imprisonment or more.