Definition: Section 348 of the Criminal Code of Canada defines this as breaking and entering, or simply entering, a “place” with the intent to commit an indictable offence inside it.
Important Points:
Common Evidence:
The penalty depends on the type of place and the intended crime:
Dwelling House: Always an indictable offence, potential for severe consequences.
Other Place: The Crown can proceed summarily or by indictment.
Securing Your Release: An arrest for break and enter often involves a bail hearing, especially when a dwelling house is involved. We’ll fight to demonstrate you’re not a danger to the community to advocate for your release with fair conditions.
Fighting the Charges: Every break and enter case rests on specific details. We’ll analyze all aspects to build a strong defence:
Intent is key. If you entered with the plan to commit a theft, that’s enough, even if you changed your mind.
While a factor the Crown considers, it can still be serious, especially for a dwelling.
No. Even opening an unlocked door without permission counts, if the other elements are met.
Breaking and entering charges vary widely in severity but always carry potential for serious consequences. Don’t underestimate these charges, seek legal advice as soon as possible. Contact us for a free case review to discuss your situation and potential defences.
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