Break and Enter Charges: Understanding the Law and How We Can Defend You

1. What Is a Break and Enter Charge?

Break and enter, outlined under Section 348 of the Criminal Code of Canada, is one of the most serious property-related offenses. It involves:

• Breaking: Gaining access without permission, which may include forcing a door, window, or lock—or even entering without visible damage.

• Entering: Physically stepping into the property, even partially, with unauthorized access.

• Intent to Commit an Offense: Typically theft, mischief, or another indictable crime.

Types of Properties

• Residential: Homes or apartments.

• Commercial: Businesses, offices, or shops.

• Other Premises: Garages, sheds, or warehouses.

Penalties

• Residential Break and Enter: Up to life imprisonment due to its impact on personal safety.

• Non-Residential Break and Enter: Up to 10 years in prison if prosecuted as an indictable offense.

  
  

2. Key Elements the Crown Must Prove

For a conviction, the prosecution must demonstrate:

1. Unauthorized Entry: You entered the property without consent.

2. Breaking Component: Evidence of forced or unlawful entry, even if minor.

3. Intent: You intended to commit an indictable offense upon entry.

If any of these elements are lacking or cannot be proven beyond a reasonable doubt, the charge may not stand.

3. How We Can Defend You

At J. Kalirai Law Firm, we understand that every case is unique. Our approach is personalized and strategic, focusing on identifying weaknesses in the prosecution’s case and safeguarding your rights.

Common Defense Strategies

1. Lack of Intent

   • If the entry was accidental or without the intent to commit a crime, the Crown’s case weakens. For example, entering a property you believed you had permission to access.

2. Mistaken Identity

   • In cases based on witness accounts or video footage, we can challenge the identification evidence. Without conclusive proof, reasonable doubt exists.

3. Charter Rights Violations

   • If your Charter rights (e.g., against unlawful search or seizure) were violated during the investigation or arrest, key evidence might be inadmissible.

4. No Breaking

   • If there was no force or unauthorized entry, the Crown may struggle to meet the "breaking" requirement.

5. Negotiating Lesser Charges

   • For minor incidents or first-time offenders, we can often negotiate with the Crown to reduce charges to trespassing or mischief, which carry lighter penalties.

     
     

4. What We Can Do for You

Expert Legal Representation

Our team will thoroughly analyze the evidence, including police reports, witness testimony, and surveillance footage, to identify inconsistencies or violations.

Protect Your Rights

We ensure your rights are upheld at every stage, from the investigation to trial, and challenge any procedural errors by law enforcement.

Tailored Defense Strategy

Every case is different. We’ll craft a defense approach that fits your unique circumstances, whether it’s proving innocence, securing a reduced charge, or negotiating alternative resolutions.

Support Through the Legal Process

We’ll guide you through every step, from understanding the charges to preparing for court. Our goal is to provide clarity, reduce stress, and deliver results.

5. Steps to Take If You’re Charged

If you’re facing a break and enter charge, take these steps to protect your case:

• Do Not Make Statements: Avoid speaking to the police or others about the incident without legal counsel.

• Secure Legal Representation: Contact an experienced lawyer immediately to begin building your defense.

• Preserve Evidence: Keep any documentation, correspondence, or items related to the incident.

  
  

Final Thoughts

A break and enter charge can feel overwhelming, but it doesn’t have to define your future. At J. Kalirai Law Firm, we are committed to defending your rights and achieving the best possible outcome for your case. With our expertise and dedication, we’ll stand by you every step of the way.

Contact us today for a confidential consultation. Let us help you fight the charges and secure your future.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer for advice on your specific legal situation.