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Break & Enter Criminal Charges | Toronto, ON

Break and Enter Charges

Breaking and entering charges relate to forceful entry into a place with the intention of committing an indictable offence.
Break and enter is a serious allegation with serious consequences.

At the law firm of Pyzer Criminal Lawyers, we have over 35 years of experience defending breaking and entering allegation with a strong record of success.

Our office will help you pursue every viable defence against your break and enter allegations to the furthest extent possible.
If you are facing burglary charges contact Pyzer Criminal Lawyers for aggressive and effective representation!

 

Break and enter charges Toronto

 

What Constitutes Burglary Charges Ontario?

Most commonly, break and enter crimes involve the forceful entry into a residence, business or commercial property, but they may also include uninvited entry into a vehicle such as a car, trailer, or train car.

Often when people are charged with breaking and entering, they will also face charges of possession of property obtained by crime.
Breaking and entering charges are punishable in Section 348 of the Canadian Criminal Code.

In Canada, section 348 of the Criminal Code defines the offence of breaking and entering and outlines the various actions that an individual may be accused of committing when they face a break and enter criminal charge.

Charges for break and enter crime in Toronto

 

Breaking and entering with intent, committing offence or breaking out 348 (1) Everyone who :

(a) breaks and enters a place with intent to commit an indictable offence therein,
(b) breaks and enters a place and commits and indictable offence therein, or
(c) breaks out of a place after

(i)

committing an indictable offence therein, or

(ii)

entering the place with intent to commit an indictable offence therein,is guilty

(d) if the offence is committed in relation to a dwelling house, of an indictable offence and liable to imprisonment for life, and
(e) if the offence is committed in relation to a place other than a dwelling house, of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.

 

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Bail For Break and Enter

In Toronto After being arrested for a break and enter occurrence, the accused may be held for a bail hearing.

At their bail hearing, unless the accused has an extensive criminal record or is also facing additional allegations of violence in connection with the break and enter, the accused can expect to be released on bail and with reasonable bail terms with the assistance of a criminal defence lawyer.

At Pyzer Criminal Lawyers we can best ensure that the accused is released from custody at their bail hearing and on the least restrictive terms possible. In Toronto After being arrested for a break and enter occurrence, the accused may be held for a bail hearing.

At their bail hearing, unless the accused has an extensive criminal record or is also facing additional allegations of violence in connection with the break and enter, the accused can expect to be released on bail and with reasonable bail terms with the assistance of a criminal defence lawyer.

At Pyzer Criminal Lawyers we can best ensure that the accused is released from custody at their bail hearing and on the least restrictive terms possible.

bail

 

Potential Sentences For Break and Enter Convictions

Sentences for break and enter crimes vary in severity and duration.

Most break and enter crimes are committed when nobody is present, when the victim(s) or complainant, are not present at the site of the crime.

While the absence of a complainant at the property is positive, as it means there is no traumatized victim in connection with the break and enter, the absence of anyone at the break and enter location can nevertheless suggest a certain level of premeditation and planning.

Cases in which complainants are present, weapons are used, or in which violent threats or attacks were committed constitute a “home invasion” and can result in lengthier sentences of incarceration upon conviction.

Whether charged as a youth or adult, break and enter crimes are considered serious criminal offences.

If convicted, you may face considerable jail time as the maximum punishment for the break and enter in this case is life imprisonment.
Life in prison is reserved for the most serious allegations of breaking and entering.

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In less serious cases, the Crown attorney may be convinced in pretrial negotiations with your criminal defence lawyer to divert the charges.

 

possible sentences for break and enter crime

 

This may allow the matter to be resolved through the accused completing community service hours.

If the offence is committed in relation to a dwelling house the potential sentences range from that of a suspended sentence plus probation to that of life imprisonment.

If the offence is committed in relation to a non-dwelling house then the available sentences range from a discharge to a maximum of ten years in jail.

If you are accused of break and enter criminal charges, it is imperative to consult one of Pyzer Criminal Lawyers experienced criminal defence lawyers to explore all your possible options. We can help you effectively navigate the criminal justice system.

Potential Defences to Break and Enter Allegations

Criminal charges of breaking and entering are typically divided into two parts.

The first part involves the determination of whether the accused person unlawfully broke in, or entered a place without invitation.
It is important for those accused of burglary charges to take stock of the fact that no actual “break in” needs to have occurred for one to be charged.

Entering a place without invitation with the intention of committing an offence may be sufficient grounds for being charged, even in cases where no property is stolen or damaged.

In cases where the accused can argue that they had an invitation to enter the place in question they may have a viable defence for their defence lawyer to argue.

Break and Enter charges also pertain to those who break “out” of a residence, commercial property with the intention of stealing property, for example, if one remains inside a retail store after closing hours with the intention of committing theft.

Get the best possible outcome for your break and enter case

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The second part of break and enter crimes involve the determination of whether the person committed or intended to commit additional indictable offences like assault, robbery or theft.

If an accused does not have the intention to commit an indictable offence, but nevertheless unlawfully enters a premise, they may be committing other offences in the Criminal Code, such as trespassing at night.

Unless there is evidence suggesting otherwise, it will be presumed that breaking and entering is done with the intention of committing an indictable offence or more serious crime.

The mental state of the accused at the time of the alleged break and enter is taken into account by the courts.

The offence of breaking and entering requires proof of an ulterior mental element: the intent to commit an indictable offence.

It may be news to you to find out that intoxication, being drunk or high on drugs, is not a defence to the “break and enter” element of the offence, but intoxication may be a defence to the “intent to commit an indictable offence” element of the offence.

The Crown must prove your guilt beyond a reasonable doubt. This is the evidentiary burden for all criminal offences.

The Crown must prove both a “break” and “enter”, as well as an intention by the accused to commit an indictable offence, such as theft, in the place that has been broken and entered.

For instance, if an individual lawfully enters a public retail establishment and secretes themselves until after the establishment is closed, and then committed a theft, that person would be guilty of theft but not “break and enter”.

In cases where there was no intention to commit an offence your Pyzer Criminal Lawyers criminal defence lawyer may argue for your innocence.

It is important to speak to one of our criminal defence lawyers who can help identify evidence to present that would illustrate your lack of intent.

If you are charged with the criminal offence of break and enter you are presumed to be innocent.

Read more about about our record of success defending break and enter allegations in Toronto, Ontario and the Greater Toronto Area (GTA) at our break and enter case summaries page.

There are many ways to successfully defend a charge of breaking and entering and It is in your best interest to have your case reviewed by an experienced criminal lawyer.

At Pyzer Criminal Lawyers, we have successfully defended numerous allegations of Break and Enter, by challenging the identification evidence or by raising a reasonable doubt as to the intention to commit an indictable offence within the place entered.

In numerous cases we have been able to achieve a withdrawal of charges prior to trial on the basis that there was “no reasonable prospect of conviction”.

At Pyzer Criminal Lawyers, we pride ourselves on our litigation strategies and our ability to win difficult cases for our clients.

We may challenge the admissibility of evidence on the basis that the police have infringed on their rights pursuant to the Canadian Charter of Rights and Freedoms rights by violating their right to counsel or perpetrated an unlawful search or seizure violating their right to privacy.

We will argue that such police impropriety should not be condoned by the Court, and the evidence should be excluded.

We may also challenge the delay in the legal process, arguing that our client has been unfairly prejudiced by unnecessarily long wait times in violation with the accused’s right to be tried within a reasonable time pursuant to the Charter of Rights and Freedoms.

More often, we work to raise a reasonable doubt on the testimonial evidence through skilled cross-examination.

At Pyzer Criminal Lawyers, we deliver skilled legal defence services for breaking and entering cases as well as fraud, domestic abuse, sexual assault and young offenders cases.

Know your rights! Contact us immediately either by a phone call or by email if you wish to book your free consultation for your breaking and entering criminal charge!

 

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If you are charged with a crime in the GTA, Contact Pyzer Criminal Lawyers

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