Defending Break & Enter Charges
Defending break and enter charges can be tricky. It is a crime defined as the act of entering property without authorization. Sometimes, even if you have no intentions to cause harm, you could be charged with this offense. This happens because the Criminal Code lists many actions as breaking and entering.
It means that you could be charged for entering an open construction site or other property if you have no reason to be there. It becomes imperative to consult a criminal defense lawyer to prove that you had no intention of committing a crime.
At Kahlon Law, we carefully examine your case and find a “lawful excuse” for entering a place. Breaking and Entering charges are complicated to deal with. We can guide you through the court process and find the best possible solutions for your defense.
Being charged with the crime of breaking and entering, burglary or trespass can lead to serious consequences. But when we represent you, we determine whether any defenses apply to your situation. We assess all of the evidence to identify weaknesses in the Crown’s case. We will also represent you in court hearings, proceedings, and at trial if necessary.
Common evidence used in such cases includes a surveillance video, an eyewitness account, or a DNA report. We examine all of the evidence to determine the identity of the perpetrator. Besides figuring out the credibility and reliability of evidence, we also find if there are any lawful excuses to enter the place.
Elements of a Break and Enter Charge
The Canadian legal system charges all criminal acts differently depending on the severity of the offense. It means that break and enter charges are not the same as theft or robbery. Often considered synonyms, break and enter, theft, burglary, and robbery have very specific meanings in the eyes of the law. Theft involves stealing something from another person, while robbery has an element of the use of force or coercion. Robbery can occur on the street, in a retail store, in a taxi, or even in a bank. Burglary, on other hand, involves illegally entering a property.
Break and Enter charges involve trespassing or attempted to trespass on private enclosed property. It is when the accused enters a place intending to commit an indictable offense. The two types of break and enter offenses are- breaking and entering into a dwelling like a house or a non-dwelling place like a warehouse.
The two significant elements of such cases are- whether the accused person unlawfully break and enter a place without invitation and second determines whether the accused committed or intended to commit additional indictable offenses such as robbery, assault, or theft.
The criminal law experts at Kahlon Law have successfully defended numerous allegations of Break and Enter. We raise a reasonable doubt against the intention to commit an indictable offense.
We challenge the identification evidence and make every possible effort to withdraw charges. We can argue that the accused had an invitation to enter the place or use intoxication as a defense.