Break and Enter

Break and enter is a significant criminal offence in Canada, characterized by unauthorized entry into a private property with the intent to commit an indictable offence. This crime targets the sanctity of private and commercial properties, ranging from residential break-ins to intrusion into business establishments.

Break and Enter: Criminal Code Definition

Under Section 348 of the Criminal Code, a person commits a crime if they break into a place with the intention of doing something seriously wrong, actually commit a serious wrongdoing after breaking in, or leave a place after either committing a serious wrongdoing or entering with the intention to do so.

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 an 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,

Facing break and enter charges? Call us at (306) 994-9522 for a free consultation with a criminal lawyer.

Categories of Break and Enter Offences

The Criminal Code outlines specific conditions that elevate the severity of a break and enter offence:

• Break and Enter into a Dwelling-House: Considered especially egregious, reflecting the invasion of personal privacy and security, punishable by life imprisonment.
• Break and Enter into Non-Dwelling Premises: Includes commercial properties, sheds, and garages, with a maximum penalty of 10 years for an indictable offence or a summary conviction option.

Penalties and legal ramifications can vary widely, underlining the importance of understanding the specifics of each case.

Penalties and Consequences for Break and Enter

The severity of the penalties for a break and enter offence is influenced by various factors:

• Nature of the Premise: Dwelling-house offences carry more severe penalties.
• Intent and Consequences: The intended or actual commission of additional indictable offences during the break-in can affect sentencing.

Break and enter is considered a hybrid offence, allowing the prosecution to choose the manner of proceeding based on the act's severity:

• Summary Conviction: In less serious instances, consequences can range from fines and probation to imprisonment of up to two years less a day.
• Indictable Offence: In cases deemed more serious, particularly those involving residential properties or the commission of additional crimes, the punishment can extend up to life imprisonment.

Aggravating Factors 

• Presence of occupants
• Use of violence
• Involvement of a criminal organization

Have you been charged with break and enter? Act quickly by calling (306) 994-9522 for a free consultation to speak with a criminal lawyer and explore your options. 

Dispositions Available to Break and Enter Charges

Defences Available to Break and Enter Charges

Defending against break and enter charges involves nuanced legal strategies:

• Lack of Intent: Arguing that the accused did not intend to commit an indictable offence upon entry.
• Mistaken Identity: Contesting the identification and involvement of the accused in the crime.
• Lawful Excuse or Consent: Demonstrating that the accused had a legitimate reason or permission to enter the premises.

Navigating the complexities of a break and enter charge demands skilled legal representation. Dial (306) 994-9522 for a comprehensive review of your case with a criminal lawyer.

Don’t Face Your Break and Enter Charge Alone

An experienced criminal defence lawyer is essential when facing a break and enter charge. A criminal lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your break and enter case.

Need a Criminal Lawyer?

Don't hesitate to reach out to us if you have been charged with break and enter. Call (306) 994-9522 and a skilled criminal defence lawyer will discuss your case with you and explore your options.