Criminal Law
Breaking and Entering Lawyers in Oakville
Criminal Law
Defending Your Rights with Proven Criminal Law Expertise
Breaking and entering is an offence that will automatically lead to criminal charges, regardless of whether you stole anything or not. Under Canadian law, breaking and entering falls under the Criminal Code of Canada, attracting a maximum sentence of life imprisonment in serious cases. It is therefore important that you retain an experienced criminal defence lawyer early in the process to minimize the potential damage in your case. At Nanda and Associate Lawyers, our criminal defence team has a strong track record of successfully helping our clients fight such charges in court for more than twenty years. Connect with our criminal defence lawyers today for legal support and guidance.
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What constitutes a breaking and entering offence under the Canadian Criminal Code?
Section 348(1) of the Canadian Criminal Code clearly defines the offence of breaking and entering as the act of breaking into a building with the intent to commit a criminal offence. This means that even if the accused left the place without committing any other offence when they were inside the premises, the mere act of unauthorized entry into the place will lead to the charges. Once inside the premises, if they commit any other offences, they will be charged under the relevant sections of the Criminal Code.
What are the different types of breaking and entering offences?
Under Canadian law, the severity of the breaking and entering offence is usually determined by the location of the crime and the intent behind the act.
Breaking and entering into a place of dwelling:
The law takes a sterner view of the breaking and entering offence into a place of dwelling. In fact, the aggravating factors in such cases could lead to the maximum penalty of a life sentence. The definition of the place of dwelling here refers to a house, an apartment, or a garage.
- Maximum possible sentence: life imprisonment.
Breaking and entering into a non-dwelling place:
Here, the final penalty in the event of a conviction could be less severe than that in the case of a dwelling place. Typical examples of non-dwelling places are a warehouse, a trailer, a storage area, an office, or a convenience store. If the accused was an employee breaking into the workplace of their employer, the aggravating factor of breach of trust is likely to increase the prison sentence if convicted.
- Summary conviction: Maximum possible sentence of 18 months. A fine of $5000.
- Indictment: Maximum possible sentence of 10 years.
What are the aggravating factors the Crown will consider in a breaking and entering case?
In a breaking and entering case, the Crown will consider the following aggravating factors to determine the severity of the offence and the appropriate sentence applicable.
A dwelling place with occupants:
If there were inhabitants in the building, then the actions of the accused might be deemed to have put the safety and security of the inhabitants at risk.
Violence
Any violence or even a threat of violence associated with the offence will lead to severe penalties, and in some cases, the Crown might even consider pursuing the much more serious charge of home invasion against the accused.
strong>Involvement of a criminal organization:
If the actions of the accused were committed on behalf of a criminal organization, then this will be treated as an aggravating factor, leading to a more serious charge with longer prison sentences and fines.
How can our criminal defence lawyer help you in such cases?
An experienced criminal defence lawyer will approach your case from different angles:
Lack of intent:
The Canadian Criminal Code defines breaking and entering as the act of entering a building with the intent to commit a criminal offence. If the Crown cannot prove the intent to commit any crime, this will considerably weaken their case.
Mistaken identity:
While you had every legal right to be on the property, you were mistaken for an intruder.
Legal right to enter:
You did enter the building, but you were given permission to enter by the owner of the property.
Any weakness in the Crown’s evidence:
Your lawyer will look for lapses in the procedures followed by the police during your arrest or the search of your premises. If there were any charter violations of your rights, your lawyer will approach the court to disallow such evidence.
Any possibility of reduction or dropping of charges?
As mentioned above, the presence of various aggravating factors will determine the severity of the charges laid against you. Depending on the circumstances of your case, your lawyer could ask for the charges to be reduced or dropped altogether.
If you are facing a charge of breaking and entering, immediately get in touch with our experienced criminal defence lawyers for legal counsel and representation!
We can Help
If you are dealing with such serious criminal charges, do not hesitate to reach out to our criminal defence team for immediate legal support and guidance. Get in touch with our team to schedule your consultation today.
Frequently Asked Questions
Are the home invasion and breaking and entering charges the same?
No, they are not the same. Breaking and entering is a less serious offence when compared to home invasion. Breaking and entering refers to the act of breaking into a place with the intent to commit a criminal offence. Any such breaking and entering offence with the element of violence or a threat of violence against the people residing there will be treated as a home invasion, which will automatically attract more severe penalties if convicted. If you are convinced that you are wrongly charged with home invasion, contact our experienced criminal defence lawyers to fight these charges effectively on your behalf.
What is the possible sentence in a breaking and entering case?
The final sentence will depend on the particular circumstances of the case. For example, while breaking and entering into a place of dwelling with aggravating factors could lead to a maximum sentence of life imprisonment, the same offence committed at a non-dwelling place will only attract a maximum sentence of 10 years. Since the stakes are so high, it is essential that you employ the services of a knowledgeable criminal defence lawyer from the very beginning to get the charges reduced or dropped.
Is trespassing the same as the breaking and entering offence in Canada?
No, trespassing and breaking and entering are not the same offences under Canadian law. The following are some of the main differences between the two.
- Use of force: Trespassing generally does not involve the use of force when gaining entry into somebody else’s property. In breaking and entering, generally, the accused will have to open a door or break open a window to gain entry into the building.
- Any property vs. building: Also, breaking and entering is defined as the act of entering a building, which can be a place of dwelling or commercial use. On the other hand, trespassing can occur anywhere on someone’s property, not necessarily in a building.
- Intent: The Criminal Code of Canada defines breaking and entering as the unauthorized entry into a place with the intent to commit a criminal offence. However, such an intent is not a defining element in the case of a trespass.
- Penalties: For obvious reasons, trespassing will attract only minor penalties, leading to summary convictions under provincial laws rather than indictable offences under the Criminal Code. On the other hand, breaking and entering could lead to severe penalties under the Criminal Code, leading to maximum prison sentences of up to 10 years or even a life sentence in serious cases.
What is the difference between a summary offence and an indictable offence?
Under Canadian law, breaking and entering is a hybrid offence. This means that the Crown may choose to pursue either the summary conviction route in case of less serious offences or the indictable offence route for prosecution in case of serious offences.
Summary Conviction: Summary conviction will lead to less severe penalties, but there will still be a permanent criminal record. However, the consequences of a criminal record from a summary conviction will be less severe than those of an indictable offence.
Indictable offence: The Crown will choose the indictable offence option in case of serious breaking and entering offences. If convicted, the criminal record from an indictable offence will have serious repercussions on your personal and professional lives.
What are my options when charged with a breaking and entering offence?
In the event of facing a breaking and entering charge, you should immediately retain a criminal defence lawyer experienced in handling such cases. Do not speak with police and wait to speak with your lawyer. Your lawyer will explain to you the legal rights you are entitled to throughout the legal proceedings. He will ensure that you receive a fair trial and fight to defend your rights in court until a favourable outcome is obtained. Reach out to our criminal defence lawyers today for legal support and guidance in your case.
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