Break and Enter Lawyer
When charged with Breaking and Entering, you need the assistance of a legal counsel. This is a serious charge that involves unlawful entry into a non-dwelling house or residential area. Break and Enter is a criminal offence that could lead to jail time and has a maximum sentence of life imprisonment.
As an experienced criminal lawyer in Toronto, Kahlon Law can evaluate your case and fight on your behalf by analyzing all the potential defences. The firm will formulate winning strategies to successfully defend against the evidence and accusations. Criminal charges if not defended properly can have lasting effects on your reputation, job prospects, and future. The firm has a proven track record of achieving the best outcomes for similar cases. Over the years, our criminal defence law firm has successfully handled several breaking and entering cases.
The Crime
In simple terms, a person is accused of this crime when he/she breaks and enters a place and commits an indictable offence, or even enters with the intent to commit an indictable offence. This means that even if someone does not commit an indictable offence on the property, they can still be charged with Breaking and Entering on the allegation that they had the intention of committing another indictable offence such as theft. Property damage or threats of violence are not required for a charge of Breaking and Entering.
Unless there is evidence to suggest otherwise, pursuant to s. 348(2), it is presumed that breaking and entering are done with the intention of committing an indictable offence. Lesser offences include unlawfully in private residences.
Defences
There are a number of defences available for the offence of break and enter that can be used to raise reasonable doubt. Often identification is an issue in these cases, as the accused may not have been seen entering a house or any other non-dwelling residence. In such cases, the lawyer can challenge the identification evidence and argue that it is unreliable. An absence of evidence can be used to raise reasonable doubt. The Crown bears the burden of proof and needs to prove the case beyond a reasonable doubt, and if there is any doubt as to the identity of the accused, then one cannot be convicted.
The Crown may also attempt to prove their case using forensic evidence, such as DNA and Fingerprints. The defence can challenge the admissibility of such evidence and even if admitted, can weaken its impact by cross-examining the expert and/or producing a defence expert to counter the opinions and conclusions of the Crown’s witness.
Alternatively, the defence can also argue that there was no intention to commit an indictable offence or that the accused had a lawful excuse for entering the premises.
At Kahlon Law, we will work with you to develop the best defence strategy for your case. The firm will ensure that all available defences are explored and that you receive the best possible outcome.
Penalties
Break and Enter are made an offence under section 348 of the Criminal Code. It’s important to note the difference in punishments for break a enter in a dwelling house and break and enter into a non-residential property.
If the crime involves a residential house, the accused will be facing an indictable offence and can be liable to imprisonment for life. Whereas if the offence is committed on any other premises, it is a hybrid offence and the accused may either be found guilty of an indictable offence and sentenced to a maximum of ten years, or they can be found guilty of an offence punishable on summary conviction.
The maximum penalty is rarely imposed, and the court will consider a number of factors when determining the sentence. These include the accused’s criminal record, the nature of the offence, and any mitigating circumstances. A conviction for break and enter can have serious consequences, including a criminal record and the possibility of jail time Even for a first-time offender, the sentence for break and enter can attract months jail term. The criminal justice system does not take these offences lightly and it is important to have a lawyer who can present your case in the best possible light.
If you are accused of Break and Enter, it is essential to obtain legal counsel right away. A qualified criminal defence attorney can help you comprehend your legal rights and devise the best defence plan for your situation.
Home Invasion – An Aggravating Factor
A home invasion occurs if there are individuals inside the dwelling at the time of the break and enter. In cases of home invasions, the court is required under Section 348.1 to see whether the house was occupied at the time of invasion and whether the accused knew this fact, or he was reckless or used violence or threat thereof. If that is the case, it will be considered an aggravating circumstance resulting in a harsher punishment.
After the Arrest
If the police arrest you for a break and enter, you still retain all your legal and Constitutional rights, which include the right to consult an experienced counsel, the right to obtain bail, and more. The police must allow you to speak with your lawyer before taking your statement. In a situation like this, it’s recommended to consult a Criminal Defence Lawyer to make sure you don’t make any errors since you’re unfamiliar with legal matters.
The next step after an arrest is to obtain bail. Unless the police deem the accused releasable, they will most likely want to keep them in detention. A criminal defence lawyer can assist the accused in receiving bail from a court. At a bail hearing, the lawyer will argue before the justice of the peace of a Judge as to why their client is legally entitled to be released on the least restrictive terms.
If you are in need of legal counsel in Toronto, call Kahlon Law at 1(844) 978-8444 for quality, experienced representation. We create effective strategies to successfully challenge the evidence and allegations.
