Break and Enter Charges: Know Your Rights and Your Options
Being charged with Break and Enter is a serious matter that can lead to severe legal consequences. Whether the charge stems from a misunderstanding or an actual incident, the implications on your criminal record, employment prospects, and personal life can be long-lasting.
At Kisel Law, we specialize in defending individuals against criminal charges—including Break and Enter (B&E)—through expert legal guidance and a strong commitment to justice.
What Is Break and Enter?
In Canadian criminal law (or adjust based on your jurisdiction), Break and Enter refers to unlawfully entering a premise with the intent to commit an indictable offence—most commonly theft.
This can include:
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Physically breaking a door or window
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Entering through an unlocked entry without permission
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Using tools or force to gain access
Break and Enter can be charged as:
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Residential (Dwelling House) – Much more serious, with a maximum penalty of life imprisonment.
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Non-Residential (Commercial) – Still serious, with a maximum penalty of 10 years in prison.
Key Elements of a Break and Enter Offence
For a successful conviction, the Crown must prove:
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There was a “breaking” – This can include minimal force or entry without consent.
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There was an “entering” – Partial entry (like reaching in through a window) can suffice.
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There was intent to commit an indictable offence – Often theft, but could also be assault or mischief.
At Kisel Law, we examine each of these elements to identify weaknesses in the prosecution’s case.
Possible Defences for Break and Enter
Every case is unique, but common defences include:
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Lack of Intent: No plan to commit a crime inside the property.
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Mistaken Identity: You weren’t the person involved.
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Consent: You had permission to enter.
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Violation of Charter Rights: Unlawful search, improper arrest, or lack of legal representation.
Let our experienced team at Kisel Law build a strong, personalized defence strategy tailored to your situation.
What Happens After a Break and Enter Charge?
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Arrest & Bail Hearing – You may be released or held for a bail hearing.
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Disclosure – We obtain evidence from the Crown (police notes, video, witness statements).
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Pre-Trial & Trial – We explore every avenue, from resolution discussions to full trial defence.
Your future matters. Don’t take risks with your freedom or reputation—trust Kisel Law to guide you through each stage of the process.
Penalties for Break and Enter in Toronto
Penalties depend on several factors, including whether it was a dwelling, your criminal history, and aggravating circumstances.
Potential consequences include:
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Jail time (up to life imprisonment for dwelling-house entries)
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Probation
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Criminal record
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Restitution to the victim
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Loss of employment or immigration consequences
Why Choose Kisel Law?
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✅ Proven Track Record: Years of experience handling Break and Enter cases
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✅ Aggressive Defence: We protect your rights at every step
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✅ Client-Centered Approach: We keep you informed and involved
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✅ Free Initial Consultation: Get legal advice before making decisions
When your freedom and future are on the line, you need a law firm that understands the justice system inside and out. You need Kisel Law.
Contact Kisel Law Today
If you or a loved one has been charged with Break and Enter, time is critical. Early legal intervention can make a big difference in the outcome of your case.