Breaking and Entering Defence Lawyer | Criminal Lawyers Brampton
If you have been charged with breaking and entering, you must contact a criminal lawyer as soon as possible to discuss this very serious charge.
Breaking and Entering lawyers help you to defend against allegations presented by the opposition. Hundal Law Firm Brampton have experienced criminal lawyers who can help you get through this with ease and offer you with a peace of mind.
The offence of break and enter encompasses situations where the accused was or attempted to trespass on private property with an intent to commit an indictable offence (i.e. a non-summary criminal offence). The most typical form of break and enter is a break into a commercial or private residence in order to steal property. The most serious form of break and enter is where the accused did the act knowing that there were people present and was prepared to use force against them in a robbery-like fashion. This is known as a "home invasion".
A less frequent form of break and enter is the entry into private property in order to confront a person found within intending to assault or threaten with
violence. The parties normally know each other and arises from a dispute between them, sometimes domestic.
The evidence in most of these cases is circumstantial, and so identity is often a key point of litigation. In many cases the accused was found at some
time later with stolen items in their possession for which the Crown can use to establish guilt by way of the doctrine of recent possession.
348. (1) Every one who
(a) breaks and enters a place with intent to commit an indictable offence therein,
(b) breaks and enters a place and commits an indictable offence therein, or
(c) breaks out of a place after
(i) committing an indictable offence therein, or
(ii) entering the place with intent to commit an indictable offence therein,
(d) if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and
(e) 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.