Charges for breaking and entering involve forcible entry into a location with the intent to commit an indictable crime. Breaking and entering is a serious charge with serious repercussions. With a proven track record of success, Kisel Law Criminal Attorneys have years of expertise in defending break and enter charges ontario.
Our office will support you in mounting the strongest possible defence against your break and enter criminal code accusations. Contact Kisel Law Criminal Attorneys for aggressive and efficient defence if you are facing burglary accusations.
What does Break and Enter mean in law?
Most often, break and enter with intent crimes involve the forcible entry into a home, company, or commercial property. Nevertheless, they can also entail unauthorized entry into a vehicle, such as a car, trailer, or railway car.
Those who are accused of breaking and entering frequently also have possession of items gained via criminal activity charges brought against them.
According to Section 348 of the Canadian Criminal Code, breaking and entering offences are criminal.
In Canada, the criminal offence of breaking and entering is defined in section 348 of the Criminal Code. It also lists the several offences that a person may be charged with when they are accused of breaking and entering.
What Constitutes a Break and Enter Charge?
Breaking and entering offences are often broken down into two sections.
Determining if the accused broke into a building or entered a location without permission is the first step. It is crucial for persons facing burglary accusations to realize that no actual “break-in” is required in order to file charges. Even when no property is taken or damaged, entering a location without permission with the intent to conduct an indictable offence may be enough to warrant a charge.
Assertion, robbery, and theft are examples of further indictable offences that can be committed in addition to break-and-enter crimes. This finding is required in the second phase of these crimes. A person may be guilty of other crimes under the Criminal Code, such as trespassing at night if they enter a building illegally even when they have no intention of committing an indictable crime. It will be assumed unless there is proof to the contrary, that the entry was made with the intent to conduct an indictable offence or a more serious crime.
Is an unlocked door a sign?
Knocking on an unlocked door before entering does not qualify as breaking under the definition of breaking and entering. To ascertain whether the Crown might demonstrate that the accused meant to commit an indictable offence, a lawyer would need to examine the particular facts of your case.
What is the Maximum Punishment for Break and Enter in Canada?
Breaking into houses is a serious offence, according to the courts for a long time. When people’s homes, are broken into, judges frequently discuss the violation that this causes. The lasting effect of lost or damaged property is not its financial cost. The psychological and emotional damage that results from the lack of security caused by the incursion into their private space endures. In acknowledgment of this, the majority of judges give severe terms, particularly if there have been prior convictions for breaking and entering.
Break and Enter convictions have no minimum penalties, but life sentences are the highest. The maximum punishment for a break and enter into a non-dwelling is usually less than 10 years. For non-dwelling break and enter convictions, penalties in the range of ten years are hardly given.
Which Possible Defenses Exist Against Breaking and Entering Allegations?
A legal lawyer can present a number of defences in cases involving break-ins. The accused’s defence attorney may have a strong case if they can prove permission to access the location. Intoxication can be used to defend intent to commit an indictable offence.
Kisel Law Criminal Attorneys have successfully defended break and enter claims by contesting identity evidence or creating doubt. We were able to drop charges before trials due to the likelihood of conviction.
Contact Kisel Law legal lawyers at (289)-835-3465 for a free consultation on your case!
1. What is considered a break and enter crime in Canada?
A break and enter crime occurs when someone unlawfully enters a building, home, or property with the intent to commit a criminal offense, such as theft, vandalism, or assault. In Canada, break and enter is a serious offense under the Criminal Code, and the severity of the crime depends on factors such as the type of property and the intent behind the crime.
2. What are the penalties for a break and enter conviction?
The penalties for break and enter in Canada vary based on the circumstances of the crime. Convictions can lead to imprisonment, fines, probation, or a combination of these. For residential break and enter, the penalty can be up to 10 years in prison, while for non-residential properties, the maximum sentence is typically up to 14 years.
3. Can a person be charged with break and enter if they didn’t steal anything?
Yes, you can be charged with break and enter even if you did not steal anything. The crime of break and enter is defined by unlawful entry with the intent to commit a criminal act, regardless of whether the act was completed. For example, breaking and entering with the intent to vandalize or commit an assault is still considered an offense.
4. What should I do if I’ve been accused of break and enter?
If you’ve been accused of break and enter, it is crucial to seek legal counsel immediately. At Kisel Law, we provide expert defense strategies to ensure your rights are protected. We will review the evidence, explore possible defenses such as mistaken identity or lack of intent, and work to achieve the best possible outcome in your case.
5. What are common defenses for break and enter charges?
Common defenses for break and enter charges include lack of intent, mistaken identity, or the allegation of unlawful search and seizure. If there is no evidence proving the intent to commit a crime or if the defendant had permission to enter the property, these could be valid defenses. It’s essential to consult with a criminal lawyer to evaluate the best defense options for your specific case.