Break & Enter

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.

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 free 20-minute consultation with a criminal lawyer Toronto on 416-535-6329.

Evelyn Burnette
Evelyn Burnette
06:08 12 Mar 18
We have a family business and one day we found ourselves in a legal situation in which we felt completely overwhelmed and helpless. We quickly realized there’s a whole different world out there that we know nothing about. Reached out to David and he quickly wrapped himself around our case. We know he was working around the clock. In a matter of days, we had a solid argument. He is sharp, candid and a true professional. Not sure how an attorney can help a client ANY better. Absolutely no hesitation recommending him.
Julia Austerlitz
Julia Austerlitz
00:15 10 Mar 18
When I was looking for a divorce lawyer, the most important thing to me was finding someone who would be easy to communicate with. I was anticipating a nasty custody battle and the last thing I wanted was a lawyer who was hard to get a hold of or who didn’t make me feel like my case was a priority. David Costa and Robin Mann were exactly what I was looking for. They responded quickly to all of my emails, took all of my concerns very seriously and above all, is very knowledgeable about family law. This was such a difficult phase of my life and they helped me to get through to the end of it with the best possible outcome. I highly recommend this law firm.
Ben Valencia
Ben Valencia
12:47 09 Mar 18
Mr. Costa and his wonderful assistant couldn't have been anymore professional. It's unfortunate I had to meet them under these circumstances but I wouldn't have chosen anyone different to represent me if I could. They’ve always kept me up to date on things I needed to get done and both were available when I had questions. They are first class in my book.
Daniel Hardison
Daniel Hardison
06:56 09 Mar 18
Have utilized David's services several times over the last five years. He always is quick to respond (even when he was on vacation), knows the real estate business inside out. His expertise always gives me the confidence the deal is done right.
Kate Miller
Kate Miller
20:08 13 Dec 17
Costa Law were a tremendous help in solving my legal issues. David and his team were professional, efficient, thorough and compassionate. Everyone involved capably assisted me in understanding the issues and the possible outcomes. I could not be happier with the results and would encourage anyone needing legal help to contact them. Best law group in the town. Thanks to everyone at Costa Law!!!
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