Break & Enter Lawyer Toronto

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.

Break & Enter Lawyer Toronto

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
Back in 2017, my nephew was accused of a fraud over $5000, he was only 19 and my family felt horrible for him. Costa Law did everything to defend him and was able to help him. We are very grateful to David and his team and strongly recommend them.
Katie Quirk
Katie Quirk
12:12 17 Sep 19
David was handling my DUI case and I could not be more grateful. I gave him a call right after I got arrested, he calmed me down and gave me an action plan. I don’t know how things would turn out if I would go with another lawyer. This guy is worth every penny spent on his services.
Clyde Wiley
Clyde Wiley
09:05 19 Sep 19
Costa Law was incredible experience from day one. Very intelligent, compassionate and accessible team, I felt like they actually cared about my case.  I strongly recommend them for criminal defence cases (speaking from personal experience).
Mary Schmitt
Mary Schmitt
04:30 26 Sep 19
Back in 2009 I was a troublesome young man and managed to get a criminal record. Time have passed and I changed, but my record remained as a reminder of my past, reminder that made my life more difficult than needed.  I was referred to David Costa by one of my friends who also had a similar experience. He helped me to get a pardon and today my record is clean. I feel like that weight is finally off my shoulders.
William Palmisano
William Palmisano
03:11 27 Sep 19
Thanks to these guys I was able to close the deal on my dream house! I can’t stop braging about Costa Law, they are an amazing team and deserve all the credit.
Freddy Bishop
Freddy Bishop
02:46 09 Oct 19
My son was arrested for possession of Schedule 1 drug back in January. I was completely mortified. David did an amazing job minimizing penalties, he was there for our family throughout the whole process. I strongly recommend Costa Law to anyone who needs help to deal with criminal charges.
Nicolas Lane
Nicolas Lane
07:50 12 Oct 19
David is so on point! He worked on my criminal defence case, great guy and great outcome. Would give him 10 stars if I could.
Gillian Smith
Gillian Smith
08:50 29 Oct 19
David worked on my sister in law sponsorship application. She is from Bulgaria and the immigration process from that country to Canada is pretty complex. My brother told us David was always reachable, answered every question they had and most importantly, my sister in law is now in Canada with us!
Karen Gallo
Karen Gallo
08:42 08 Nov 19
Break & Enter Lawyer Toronto

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