The offence of breaking and entering is typically committed when an accused unlawfully enters a place with the intent of committing a crime (an indictable offence). That can include theft, assault, or any other type of indictable offence. It's important to note that the accused doesn't actually have to BREAK INTO the place for the crime to be committed. All the accused has to do is unlawfully enter into the place.
What is Considered "A Place"?
The Canadian criminal law defines "a place" to include all of the following:
The is further separated into two types:
The Criminal Code of Canada defines a dwelling home to include a house, apartment, or even garage. The definition is purposely broad so as to include various types of dwellings.
How does the Crown Attorney Prove Intent to Commit an Indictable Offence?
If the Crown Attorney is successful in proving that the accused did, in fact, break and enter into a place, or attempted to break and enter into a place, then the accused is presumed to have intended to commit an indictable offence. This is what the law calls a "legal presumption", which has the effect of changing the party who bears the burden of proof. In other words, the Crown Attorney doesn't have to provide evidence of the accused's intent to commit an indictable offence. It'll be up to the accused to show evidence of lack of intent. This is a complicated endeavor, and is best undertaken by a skilled Toronto Break and Enter Lawyer. At LawyerSelect.ca, we'll find the best Toronto Break and Enter Lawyer for your case, completely free of charge.
A home invasion is said to occur when the accused breaks and enters into a dwelling home while the occupants are present. Therefore, the only factual difference between a home invasion and a regular break and enter is the fact that the residents are home when it happens.
The offence of home invasion is very serious, and is aggressively prosecuted by the Crown Attorney's office. If convicted, the accused faces much longer prison sentences, with a maximum penalty of life imprisonment. If you, or someone you know, has been charged with home invasion, do not plead guilty or accept any offer made by the Crown Attorney, and do not try and represent yourself. A LawyerSelect.ca client specialist is available 24/7 and will put you in touch with some of the best Toronto Break and Enter Lawyers.
At LawyerSelect.ca, we work with some of the best Toronto Break and Enter Lawyers who have successfully defended our clients by raising every possible defence, including challenging eyewitness testimony, casting doubt on identification evidence, and raising a reasonable doubt as to the accused's intention to commit an indictable offence.
A Toronto Break and Enter Lawyer may also challenge the admissibility of certain inculpatory evidence on constitutional grounds. It is quite common for a Toronto Break and Enter lawyer to raise a Charter defence based on an unlawful search of the accused's home or belongings, or based on the police's failure to provide the accused with the opportunity to consult and instruct their counsel of choice. Additionally, a skilled Toronto Break and Enter Lawyer can challenge any unreasonable delay in getting the matter to trial. If the Crown Attorney, or the court system is found to be responsible for an unreasonable delay, the matter will be judicially stayed. That means the accused is found not guilty, and the charges are dismissed.
The Criminal Code has two separate maximum penalties for the offence of breaking and entering. The distinction is based on whether the breaking and entering was into a place of residence (dwelling home) or any other place. If the place was a dwelling house, then the Criminal Code prescribes a maximum penalty of life imprisonment. For all other places, the maximum penalty is 10 years in prison.
Do not risk your future by accepting any plea deals offered by the Crown Attorney, or by pleading guilty, or trying to defend yourself. At LawyerSelect.ca, we'll find the best possible Toronto Break and Enter Lawyer for your case. Whether you have cost constraints, or a language barrier, your LawyerSelect.ca client specialist will work tirelessly to ensure that you're matched with the best possible Toronto Break and Enter Lawyer for your case.
If you didn’t find the information you’re looking for here, maybe you need the assistance of a skilled Toronto Break and Enter Lawyer. At LawyerSelect.ca, we make it our business to know who the best lawyers are so that we can connect you with them. We encourage you to call us anytime, 24/7, to get a Toronto Break and Enter Lawyer Referral. We're available by phone at (416) 419-6959, or online at LawyerSelect.ca, or click the button below for our referral form. Find Toronto Break and Enter Lawyers now.