Dishonesty offences
Theft, robbery, deception, blackmail and more
Dishonesty offences include theft, robbery, criminal trespass, deception (fraud) and blackmail. They are serious criminal offences because they involve issues of financial or personal harm.
If you’re charged with a dishonesty offence, a criminal lawyer can make a big difference to how the charges are handled. We recommend that you seek legal advice as soon as possible, because convictions may otherwise result in significant prison terms.
As a starting point, it’s useful to have some introductory information about dishonesty offences and their penalties.
Frequently asked questions about dishonesty offences
What is a dishonesty offence?
Dishonesty offences include theft, robbery, criminal trespass, deception (fraud) and blackmail.
Theft
Theft can happen when you dishonestly take someone else’s property with the intention of keeping it for yourself. “Property” can include money, real estate and other goods and personal items (such as cars and electronic equipment).
Robbery
Robbery can happen when, while committing theft or trying to escape the scene of the offence, you use or threaten to use force on another person.
Serious criminal trespass
Trespass can happen when you enter someone’s property or land without permission. It becomes serious criminal trespass if, while trespassing, you intend to commit theft against another person or against the property.
Deception
Deception can happen if you intentionally deceive (or trick) another person, and you or someone else dishonestly benefits from the deception, or it causes harm. Deception is also known as fraud.
Blackmail
Blackmail can happen if you threaten harm to another person to get them to do something, such as giving in to a demand.
If you are charged with a dishonesty offence, contact us to find out how we can help.
What are the maximum penalties for dishonesty offences?
Theft | Basic offence – imprisonment for 10 years Aggravated (serious) offence – imprisonment for 15 years |
Robbery | Basic offence – imprisonment for 15 years Aggravated (serious) offence – imprisonment for life |
Serious criminal trespass | Non-residential building Basic offence – imprisonment for 10 years Aggravated (serious) offence – Imprisonment for 20 years Places of residence Basic offence – imprisonment for 15 years Aggravated (serious) offence – imprisonment for life |
Deception | Basic offence – imprisonment for 10 years Aggravated (serious) offence – imprisonment for 15 years |
Blackmail | Basic offence – imprisonment for 15 years Aggravated (serious) offence – imprisonment for 20 years |
These are the maximum penalties available for the worst possible offending.
A good criminal defence lawyer can work out what to tell the Court to mitigate the circumstances of the offending. This means explaining your situation so the Court may consider reducing any penalty.
If you are charged with a dishonesty offence, contact us to find out how we can help.
Is it possible to defend a dishonesty offence?
There is a range of possible defences to dishonesty offences. For example:
- If you’re charged with blackmail, you may have a defence if you were acting under duress (being forced to do something)
- If you’re charged with theft, you may have a defence if you acquired property under the honest but mistaken belief that you had become the legal owner.
As our client, we’ll consider all options for defending the charges and will explore what’s in your best interests. You’ll get the best legal representation when you understand all the options, including their risks and benefits.
If no defence is available, we can help you make informed decisions about other options, for example:
- Pleading guilty, in which case you may be entitled to a sentencing discount (a reduction in your penalty for pleading guilty)
- Negotiating with the prosecution
- Taking the matter to trial.
If you are charged with a dishonesty offence, contact us to find out how we can help.
Should I explain my side of the story to the police?
Even if you’ve done nothing wrong, or you believe there’s been a misunderstanding, speak to a lawyer before participating in a police interview.
Dishonesty offences are complex matters, and anything you say to explain your side of the story can be used as evidence against you in Court.
If you’re asked to participate in a police interview, seek our advice as soon as possible.
What should I do if I’m arrested and charged with a dishonesty offence?
If you’re accused of a dishonesty offence, the police will speak with you. If they consider you a suspect, they may either:
- Arrest you, or
- Report you, meaning a Summons will be issued with a Court date.
Whether you’re arrested or reported, you have the right to remain silent and not answer any questions about the incident. However, as a suspect, you must give the police your:
- Full name
- Date of birth, and
- Home address.
In some situations, you may be legally required to answer other specific questions. Failing to do so may be an offence. Some examples are:
- Questions about the identity of a driver at a particular time
- Questions regarding possession and ownership firearms.
If you’re unsure, you can ask the police whether you’re legally required to answer their question before responding. Police must tell you whether you are legally required to answer their question if you ask.
Dishonesty charges are serious. If you’re charged or reported for a dishonesty offence, seek our advice as soon as possible.
How we can help
We’re expert criminal lawyers in Adelaide, representing clients throughout South Australia. Our services are centred on clear communication and steadfast support.
When you become our client, we’ll step you through the entire process, from explaining the charges in clear language, safeguarding your interests during the investigation, carefully analysing the evidence, and representing you in court or negotiations.