Break and Enter Lawyer Toronto

Have the police arrested you for a break and enter offence in Toronto? A conviction for a break and enter offence can result in life-altering consequences, including an extended prison term. When break and enter charges put your freedom and future on the line, let Posner Craig Stein LLP advocate for your interests. Our firm works hard to offer strategic advice to people facing serious criminal charges. Our team uses a collaborative approach by leveraging our 85-plus years of combined legal experience to develop innovative legal solutions tailored to your needs and goals. Contact us today for an initial case evaluation to discuss your options for pursuing an optimal outcome to criminal charges. 

Under Section 348 of the Criminal Code , a person commits the offence of break and enter – also called breaking and entering – when they:

• Break and enter a place with the intent to commit an indictable offence inside
• Break and enter a place and commit an indictable offence inside
• Break out of a place after entering it with the intent to commit an indictable offence inside or commit an indictable offence

The criminal code defines a “place” for purposes of breaking and entering as including a dwelling, a building or structure or any part thereof, a railway vehicle, a vessel, an aircraft, a trailer, or a pen or enclosure for fur-bearing animals kept for breeding or commercial purposes.

The law imposes various presumptions that may support a conviction for breaking and entering. For example, evidence that a defendant broke into and entered a place or attempted to do so can, without contrary evidence, prove that the defendant did so with the intent to commit an indictable offence inside. Furthermore, evidence that a defendant broke out of a place can, in the absence of evidence to the contrary, support a presumption that the defendant broke out after committing an indictable offence inside or entered the property with the intent to commit an indictable offence inside. 

An offence of breaking and entering does not require an individual to “break” anything or force their entry into a building or structure. Instead, the offence focuses on the activity the individual intends to engage in once in the building or structure. Even entering a building through an open door intending to engage in unlawful activity once inside may result in breaking and entering charges. Entering a property with an owner’s or occupier’s permission, including through collusion or false pretenses, can still constitute breaking and entering. Furthermore, a person commits breaking and entering once any part of their body or an instrument in their possession enters the property.

Breaking and entering offences fall into two categories: offences involving a dwelling and those involving non-dwellings. A dwelling can include a house, apartment, condominium, garage, shed, guest house, pool house, or another accessory structure of a home. The type of breaking and entering offence can affect a defendant’s potential punishment, as the law punishes offences involving dwellings more severely than those involving non-dwellings. 

A defence case against breaking and entering charges may focus on challenging the Crown’s case in various ways. First, a defendant may challenge the sufficiency of the evidence in the prosecution’s case, showing that they cannot prove every element of the charge beyond a reasonable doubt. For example, common defences include arguing that the defendant did not intend to commit an indictable offence inside. When a defendant enters a property or breaks out of a without using force, deception, or with the collusion of people inside, the Crown may not rely on the legal presumption that the defendant intended to commit an indictable offence. 

Defence strategies may also contest the reliability of forensic evidence tying the defendant to the offence. The Crown may introduce DNA or fingerprint evidence recovered from the crime scene to identify the defendant as the perpetrator. Other types of forensic evidence, such as microscopic hair and tire tread comparisons, may prove less reliable. A defendant may challenge forensic evidence by disputing the testing methods used on the evidence or highlighting issues with the storage and handling of the evidence. 

Defendants frequently contest breaking and entering charges by asserting that police or Crown prosecutors violated a defendant’s rights under the Canadian Charter of Rights and Freedoms. A criminal defendant’s rights under the Charter include:

• The right to be free from unlawful or unreasonable searches and seizures
• The right to be free from unreasonable detention
• The right to know the charges against you
• The right to seek prompt legal counsel
• The right to have your charges tried within a reasonable time 

Violations of Charter rights may lead to the exclusion of Crown prosecution evidence, potentially securing a dismissal or acquittal of breaking and entering charges.

After an indictment for breaking and entering, a defence lawyer from Posner Craig Stein LLP can provide critical guidance and advocacy to protect your rights and seek a favourable resolution to your case. Our firm will thoroughly investigate your breaking and entering charges to ensure we leave no stone unturned in pursuing the best possible outcome. Your defence lawyer will pursue every avenue at each prosecution stage, including contesting the Crown’s evidence, evaluating alternative resolutions to your charges, and presenting a compelling defence at trial, if needed. Our lawyers pride themselves on providing top-tier advocacy and thoughtful, respectful client service.  

When a person commits the offence of breaking and entering, they usually intend to commit one of several crimes commonly committed in the course of breaking and entering. Examples of related offences that a defendant may face additional indictment for in a breaking and entering case include:

• Theft
• Robbery
• Assault
• Kidnapping
• Arson
• Homicide

Committing another indictable offence while breaking and entering may expose a defendant to additional, significant criminal consequences, including additional terms of imprisonment. 

Even if an individual does not attempt or commit another criminal offence after breaking and entering, they may also face other criminal charges by having specific tools or items in their possession while breaking and entering. Section 351<–make a nofollow and open a new window of the Criminal Code makes it an offence for a person, without lawful excuse, to have possession of an instrument used to break into a building, motor vehicle, vault, or safe, knowing its intended use. A person may also commit an offence by masking or colouring their face or otherwise attempting to disguise themselves with intent to commit an indictable offence.

Breaking and entering can result in severe consequences for a person convicted of the offence. When a person commits breaking and entering at a dwelling, they may face a sentence with a maximum term of life imprisonment. Otherwise, a conviction for breaking and entering can lead to imprisonment for up to ten years or a punishment on summary conviction if the Crown chooses to pursue a summary proceeding. The court will consider various factors in determining what sentence to impose for a breaking and entering conviction, including the effects of the offence on the victim(s) and the defendant’s criminal history and personal circumstances. 

Because a conviction for breaking and entering may mean serving decades or the rest of your life in prison, you need an experienced criminal defence lawyer to develop a compelling case strategy to pursue the best possible outcome to your charges. 

The criminal process in Toronto begins when the police arrest an individual or serve a summons notifying them of their break and enter charge and the date and time when they must appear in court for the charge. At the first court hearing, a judge or justice of the peace will decide whether to release a defendant pending trial or hold them in jail. The Crown can agree to a release and suggest conditions that a defendant must abide by; alternatively, the Crown may argue in favour of holding the defendant until trial. At the next court hearing, a justice of the peace will address case management issues, including informing you of your charges and legal rights, confirming whether you have or wish to obtain a lawyer, and scheduling pre-trial hearings and meetings.

During pre-trial proceedings, the Crown prosecutors will meet with you and your lawyer to discuss your case, including negotiating a resolution of the case. The court will also hold hearings to handle disputes or accept the parties’ resolution of a case, such as diversion or a guilty plea. Unless otherwise resolved, a criminal case will proceed to trial, where the parties can present evidence and witnesses and the Crown must prove its case beyond a reasonable doubt. 

When Crown prosecutors have charged you with the offence of break and enter in Toronto, you need experienced legal advice and advocacy to protect your rights and future. Contact Posner Craig Stein LLP today for a confidential consultation with a knowledgeable break and enter defence lawyer to discuss your options for seeking a favourable outcome to your case.