Break and Enter Offences

These offences involve the entry into places not authorized by law. The offences are distinguished by the type of building or structure that is entered.

Break and Enter into a Dwelling Place

As the name of the offence implies this involves the entry into an unauthorized home by force. The maximum penalty for this offence is life in prison although there is no mandatory minimum. The sentences for dwelling house break in has progressively gotten higher and higher over the years particularly in home invasion circumstances. If there is violence involved in a home break and enter the sentence if convicted will almost always involve jail time.

A lesser but related offence is Being Unlawfully in a Dwelling Place. In situations where there is no other offence other than being present in a home crown counsel may rely on this offence.

Break and Enter into a Business Place

As the name of the charge implies this offence relates to an individual being unlawfully in or on a business premises. As with Break and Enter into a Dwelling Place offences there is an additional component of intent to commit an indictable offence which is added in the charge, these are usually such charges as theft or mischief.

Sentencing

The maximum sentence for Break and Enter is life in prison however there is no minimum punishment.

 

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  DISCLAIMER: The information on this site is not intended as legal advice. If you have a legal problem, you should seek legal advice from a lawyer.

 

Copyright 2009 Brendan Neil

Providing Criminal representation in south central Ontario including; Oakville, Burlington, Milton, Brampton, Mississauga, Hamilton, Toronto, Guelph, Kitchener, Waterloo, Cambridge, and surrounding areas for all Criminal Code and Controlled Drugs and Substances Act Offences

Brendan Neil, Criminal Trial Lawyer, Break and Enter

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