Break & Enter Lawyer Toronto

Putting up a good defence is important because the penalties for Break & Enter are hefty. Section 348 (1) (d) of the Criminal Code states “If the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life.” Section 348 (1) (e) states “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.” For summary dispositions, the maximum sentence is 18 months jail term or a $5,000 fine for a non-dwelling residence.

Understanding Break & Enter Law in Canada

Break & Enter is a crime under section 348 of the Criminal Code. If you or a loved one has been accused of the crime, it is important that you know everything about it as this will help you in your defence. Under the law, you are guilty of Break & Enter:

  • If you break and enter a commercial or private residence with the intent to commit an indictable offence
  • If you break and enter and commit an indictable offence
  • If you break out of a place after committing an indictable offence
  • If you enter a place with the intent to commit an indictable offence
  • If you break and enter a place with the intent to steal a firearm located in it
  • If you break and enter a place and steal a firearm located in it
  • If you break out of a place after stealing a firearm located in it
  • If you enter a place with the intent to steal a firearm located in it

Why Hire a Criminal Defence Lawyer Toronto for a Break & Enter Case

At Costa Law Firm, we have been defending clients accused of Break & Enter cases for many years. You should hire us because:

Putting up a good defence is important because the penalties for Break & Enter are hefty. Section 348 (1) (d) of the Criminal Code states “If the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life.” Section 348 (1) (e) states “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.” For summary dispositions, the maximum sentence is 18 months jail term or a $5,000 fine for a non-dwelling residence.

The evidence in most Break & Enter cases is circumstantial. If you have been found with the stolen items at some later time, the Crown will try to establish guilt using the doctrine of recent possession. We, on the other hand, will try to create reasonable doubt in your defence.

  • If you break and enter a commercial or private residence with the intent to commit an indictable offence
  • If you break and enter and commit an indictable offence
  • If you break out of a place after committing an indictable offence
  • If you enter a place with the intent to commit an indictable offence
  • If you break and enter a place with the intent to steal a firearm located in it
  • If you break and enter a place and steal a firearm located in it
  • If you break out of a place after stealing a firearm located in it
  • If you enter a place with the intent to steal a firearm located in it

Why Hire a Criminal Defence Lawyer Toronto for a Break & Enter Case

At Costa Law Firm, we have been defending clients accused of Break & Enter cases for many years. You should hire us because.

The evidence in most Break & Enter cases is circumstantial. If you have been found with the stolen items at some later time, the Crown will try to establish guilt using the doctrine of recent possession. We, on the other hand, will try to create reasonable doubt in your defence.

Got A Case? Need Legal Help?

We will attempt to poke holes in the Crown prosecutor’s case because the law states he has to prove the following elements, among several others:

  • Your identity as the culprit
  • The time and date you purportedly committed the crime
  • The jurisdiction of the incident
  • That you entered into the premises
  • That you had no justification to enter the premises or permission to do so
  • Ownership of goods taken
  • Amount of damage done
  • Ownership of the place
  • Condition of the place before the break-in
  • Whether the place was a dwelling-house

Section 321 also defines “constructive” breaking, where you simply walk in through the door. If there was no actual “breaking”, we will put forth this argument.

Section 350 (b) (ii) requires you to prove lawfulness of entry. However, several jurisdictions have found this to be unconstitutional and we will put forth this argument if the Crown prosecutor uses the clause.

Call us today for a consultation with a criminal lawyer Toronto on 416-535-6329.

We will attempt to poke holes in the Crown prosecutor’s case because the law states he has to prove the following elements, among several others:

  • Your identity as the culprit
  • The time and date you purportedly committed the crime
  • The jurisdiction of the incident
  • That you entered into the premises
  • That you had no justification to enter the premises or permission to do so
  • Ownership of goods taken
  • Amount of damage done
  • Ownership of the place
  • Condition of the place before the break-in
  • Whether the place was a dwelling-house

Section 321 also defines “constructive” breaking, where you simply walk in through the door. If there was no actual “breaking”, we will put forth this argument.

Section 350 (b) (ii) requires you to prove lawfulness of entry. However, several jurisdictions have found this to be unconstitutional and we will put forth this argument if the Crown prosecutor uses the clause.

Call us today for a consultation with a criminal lawyer Toronto on 416-535-6329.

Testimonials

What our clients are saying.

If I could give David Costa more than 5 stars I would. The moment that I called him in 2015, I knew right away that he was the right person to represent my son. He gave my son a list of things to do to help his case. David replied to every email that I sent to him and answered all my questions no matter how many times I asked the same questions. He even talked to my son when he thought my son was not doing enough to get the best possible outcome. We are pleased with the outcome of the case. Excellent lawyer! Highly recommended! Definitely Toronto’s Top Lawyer!
Rusty Moore
Rusty Moore
15:55 16 Jan 19
David Costa was my brother’s defense lawyer on a first degree murder charge. I called the lawyer the moment my brother was arrested. There was absolutely no physical evidence against my brother. There were alibi witnesses and coroner evidence that he could not have killed the victim. And Mr. Costa did everything we asked him to do as our lawyer. He called the alibi witnesses, he made sure all evidences are preserved, he hired a PI and did an investigation of his own. He did everything he could to save my brother from jail. Our whole family is grateful to David Costa for his knowledge, experience, support and strong motivation. David is a very good man.
Jeffrey Wen
Jeffrey Wen
02:34 27 Nov 18
The charges I had were dismissed, however along the way I spoke to a couple lawyers. I stuck with David because I could tell he had a level of knowledge others didn’t. He also was always very quick to get back to me. If I ever need a lawyer in the future it will be David for sure and I also recommend him to anyone needing legal assistance.
James Obryant
James Obryant
17:02 15 Jan 19
The best adoption lawyer in Toronto! David Costa walked us through everything, and was with us every second on the big day! We did not have many face to face meetings, as he communicates very well via email. This is definitely a lawyer who takes his time to do it correctly. We honestly can’t thank him enough!
Ruth Bowen
Ruth Bowen
02:34 13 Jan 19
Mr. Costa is a great lawyer. He is a professional who always answered my calls/emails promptly and kept me informed on the latest information regarding my case. I am happy with the outcome and I recommend him to anyone who needs a defense lawyer.
Frank Elliott
Frank Elliott
06:28 13 Jan 19
From my experience, as a client and referring clients to Costa Law Firm keeps satisfying me and referred family, friends, and business contacts. They are easy to reach, easy to talk to, and make what can be a complex legal system very manageable .
Benji Teixeira
Benji Teixeira
17:41 09 Apr 19
Excellent lawyer with great work ethics, professionalism, knowledge and understanding. I hired him to represent me for traffic violation. He explained me everything about the case and expected outcomes. He studied my case in detail and in the end got the case dismissed. Highly recommended.
Willie Sweeney
Willie Sweeney
16:47 05 Jan 19
My family and I are grateful for the positive experience we had with Costa Law firm. Kowlasar Misir, our Lawyer was extremely honest, thorough and trusting through out the entire process of our family case. We had the pleasure of meeting with Kowlasar for a second time recently and again the help and understanding surpassed my expectations.
Tania E
Tania E
15:14 28 Aug 19
Mr. Costa was a great help with my custody case. He walked me through the process step-by-step and gave me some useful tips. I am relieved now that I got a full custody of my daughter. Back than I was quite shaken by the circumstances and his confidence really was just what I needed.
Jeanne Axy
Jeanne Axy
03:25 15 Sep 19

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