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Breaking and Entering · Break & Enter Charge · Criminal Defence
Breaking and Entering Lawyer
Facing a break and enter charge can have serious consequences, including imprisonment and a criminal record. Saggi Law Firm provides focused criminal defence, challenging the evidence, intent, identification, and circumstances surrounding the alleged offence.
- 14+Years defending criminal charges
- 24/7Direct line — a lawyer answers
- 4.9★207+ Google reviews
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At a Glance
- Type of matterBreaking & Entering
- Legal frameworkCriminal Code of Canada
- Where matters are heardOntario Court of Justice · Superior Court
- First step with usFree confidential consultation
Why work with us
Four reasons clients choose Saggi Law Firm
Direct Lawyer Contact
You speak with a lawyer, not a paralegal or an intake team. Consultation calls are answered day, night, and weekends.
Case-Specific Strategy
No template defence. Every strategy is built on the actual evidence, disclosure, and circumstances in your file — not a stock template.
Full GTA Coverage
Brampton, Toronto, Mississauga, Vaughan, Newmarket, Milton — appearing daily across Peel and Greater Toronto Area courthouses.
Just been charged?
What to do in the first 24 hours
The choices you make immediately after being arrested or charged can shape the rest of your case. Six practical steps — taken from experience defending criminal matters across Ontario.
Reach a lawyer now
Say as little as possible to police
Beyond confirming your identity, you generally do not have to answer questions. Politely say you want to speak with a lawyer first.
Ask for a lawyer immediately
You have the right to consult counsel without delay. Use it before making any statement or agreeing to any procedure.
Write down what happened while it's fresh
Note the time, location, officers involved, what was said and asked, and the sequence of events. Small details often matter later.
Do not discuss the case publicly
No social media posts, group chats, or text-message venting. Anything you say or write can end up in the prosecution's disclosure.
Preserve anything that may be evidence
Photos, texts, receipts, dashcam footage, medical records — save them. Do not delete or edit anything on your phone or laptop.
Call Saggi Law Firm for a confidential consultation
Free, direct-to-a-lawyer, and privileged from the first word. The sooner you get advice, the more options you keep open.
Overview
Breaking and Entering Lawyer in the Greater Toronto Area | Saggi Law Firm
Being charged with breaking and entering can have serious consequences for your freedom, employment, reputation, immigration status, and future. Under Canadian criminal law, the offence can involve entering a home, building, or other place without permission with the intention of committing an indictable offence.
A break and enter charge does not automatically mean you will be convicted. The Crown must prove the required elements of the offence beyond a reasonable doubt, and the circumstances surrounding the allegation matter.
At Saggi Law Firm, our criminal defence lawyers examine the evidence, challenge weaknesses in the prosecution's case, and develop a defence strategy based on the specific facts of your situation.
If you have been charged with break and enter, obtaining legal advice early can make an important difference.
Facing a break and enter charge? Contact Saggi Law Firm for a confidential consultation about your defence options.
Break and Enter With Intent to Commit an Offence
One of the most important issues in many break and enter cases is intent.
A person does not necessarily commit the offence simply because they entered a building. Depending on the specific allegation under section 348, the Crown may need to establish that the accused entered with the intent to commit an indictable offence or that an indictable offence was actually committed in connection with the entry.
That makes the accused's state of mind at the relevant time potentially significant.
Intent Can Be Disputed
The Crown may attempt to establish intention through surrounding circumstances.
For example, prosecutors may rely on:
- Statements allegedly made by the accused;
- Video surveillance;
- Text messages or other communications;
- Circumstantial evidence;
- Items allegedly found at the scene;
- Witness testimony;
- Fingerprints or DNA;
- The manner in which entry allegedly occurred; or
- Conduct before or after the alleged offence.
However, evidence suggesting a possible intention is not automatically proof beyond a reasonable doubt.
A criminal defence lawyer will examine whether the evidence actually establishes the required mental element.
What it covers
What Is Breaking and Entering Under Canadian Law?
The offence of break and enter is primarily addressed under section 348 of the Criminal Code of Canada. Canadian law recognizes different circumstances in which entering a place unlawfully can constitute a serious criminal offence.
Section 348 generally addresses situations where a person:
- Breaks and enters a place with intent to commit an indictable offence;
- Breaks and enters a place and actually commits an indictable offence;
- Enters a place without lawful justification or permission with the necessary criminal intent; or
- Is found in circumstances where the Crown alleges the legal requirements of breaking and entering have been satisfied.
The specific wording of the charge and the allegations in the Information or indictment are important. A lawyer needs to examine exactly what you are alleged to have done rather than assuming every breaking and entering offence is the same.
What Does "Break and Enter" Mean?
Despite the common phrase “breaking and entering,” physical force is not necessarily the entire issue.
The Crown may allege that someone entered a building or structure without permission, or that they obtained entry through conduct considered unlawful under the circumstances.
For example, allegations may involve:
- Breaking a window;
- Forcing open a door;
- Entering through an unlocked door without permission;
- Entering a property after being prohibited from doing so;
- Using deception to obtain entry;
- Entering a dwelling house without lawful authority; or
- Entering a building with the intention of committing an indictable offence.
Whether the evidence establishes unlawful entry is a question that must be assessed according to the facts and applicable Canadian law.
What's at stake
Penalties for a Break and Enter Charge
A break and enter charge can carry substantial criminal penalties. The potential sentence depends on the particular circumstances, the type of place involved, the manner in which the offence was allegedly committed, the accused's criminal record, and whether other offences are involved.
Section 348 of the Criminal Code provides for serious maximum penalties, including life imprisonment in certain circumstances involving a dwelling-house.
For other circumstances, the legislation provides for imprisonment for a term that can be substantial, including a maximum of 10 years depending on how the offence is prosecuted and the applicable provision.
Maximum Punishment Is Not the Same as the Likely Sentence
It is important to understand the difference between a statutory maximum and the sentence an accused is actually likely to receive.
A maximum sentence of life imprisonment does not mean every person convicted of breaking and entering receives a life sentence.
Canadian courts consider the particular facts and relevant sentencing principles.
Factors can include:
- The seriousness of the offence;
- Whether the offence involved a dwelling house;
- Whether violence or threats occurred;
- Whether weapons were involved;
- The value or nature of property involved;
- Whether anyone was injured;
- The accused's criminal record;
- Whether the accused accepted responsibility;
- The accused's personal circumstances;
- The presence of aggravating or mitigating factors; and
- The overall circumstances of the offence.
Sentencing for Break and Enter
Sentencing for break and enter is highly fact-specific.
A person with no prior criminal record and a person with a lengthy record may face very different sentencing considerations. Likewise, an allegation involving an empty commercial property may be treated differently from an allegation involving entry into an occupied residence.
Possible consequences can include imprisonment, probation, a conditional sentence where legally available, or other sentencing outcomes depending on the circumstances and applicable law.
A lawyer can explain the realistic range of potential outcomes after reviewing the evidence and circumstances of your case.
Break and Enter a Dwelling vs. Other Places
Canadian law treats entry into a dwelling house particularly seriously.
A dwelling can involve a home or another place used as a residence. Allegations involving a residence can therefore raise different sentencing considerations from a non-dwelling break and enter involving a commercial or other building.
The distinction can matter because the circumstances surrounding an alleged entry into someone's home may increase the seriousness of the offence.
Home Invasion Is Not the Same as Every Break and Enter
The term home invasion is commonly used to describe particularly serious conduct involving entry into a residence, often accompanied by violence, threats, or the presence of occupants.
Not every break and enter a dwelling allegation is necessarily a home invasion.
The exact facts matter, including:
- Whether anyone was home;
- Whether violence or threats were alleged;
- Whether weapons were involved;
- Whether the accused allegedly knew the occupants;
- Whether property was allegedly taken;
- Whether anyone was injured; and
- Whether other criminal charges were laid.
These distinctions can significantly affect the defence strategy and potential sentence.
Our approach
How We Defend Break and Enter Cases
At Saggi Law Firm, our approach begins with identifying what the Crown actually has to prove and then testing whether the available evidence establishes each required element.
Challenging the Alleged Entry
The prosecution must establish the required elements of the alleged offence.
A defence may therefore focus on questions such as:
- Did the accused actually enter the place?
- Was the accused identified correctly?
- Was the entry unlawful?
- Did the accused have permission to enter?
- Was there evidence establishing how entry occurred?
- Does the physical evidence connect the accused to the location?
- Are witness accounts reliable?
- Is surveillance footage clear enough to identify the accused?
An allegation that someone entered the property is not necessarily enough to prove the offence.
Challenging Intent
Where intent to commit an indictable offence is an essential element, the Crown must prove that intention beyond a reasonable doubt.
This can become particularly important where the prosecution relies heavily on circumstantial evidence.
The defence may examine whether the evidence actually demonstrates an intention of committing an indictable offence or whether there are reasonable alternative explanations for the accused's conduct.
Reasonable Doubt Matters
The Crown carries the burden of proving the accused's guilt beyond a reasonable doubt.
The accused does not have to prove their innocence.
If the evidence leaves a reasonable doubt about an essential element of the alleged offence, the court cannot simply assume that element has been established.
Challenging Identification Evidence
Identification can be a central issue in some entering cases.
A person may be identified through:
- Surveillance footage;
- Eyewitness testimony;
- Clothing;
- Vehicle information;
- DNA;
- Fingerprints;
- Digital evidence; or
- Circumstantial evidence.
Our defence review considers the reliability and admissibility of that evidence and whether it actually connects the accused to the alleged offence.
Examining Search and Seizure Issues
Evidence may also have been obtained through a search of a person, vehicle, residence, electronic device, or other property.
Where appropriate, the defence can examine whether police complied with applicable legal requirements and whether there are grounds to challenge evidence obtained during the investigation.
Challenging the Prosecution's Case
Sometimes the strongest defence is not proving an alternative story but demonstrating that the Crown cannot prove its own case.
A criminal defence may therefore focus on inconsistencies, missing evidence, unreliable testimony, improper assumptions, gaps in the investigation, or evidence that does not establish the required elements of the offence.
Why Choose Saggi Law Firm for Criminal Defence?
A break and enter charge can affect much more than the immediate court case. A conviction may have consequences for employment, travel, immigration, professional opportunities, and your personal reputation.
At Saggi Law Firm, we approach every case individually.
Focused Criminal Defence
We examine the evidence instead of treating the accusation as the conclusion.
Strategic Case Assessment
Understanding the prosecution's case early can help identify weaknesses, risks, and opportunities.
Defence Built Around Your Circumstances
There is no single defence that applies to every break and enter offence. The strategy depends on the evidence, allegations, history, and circumstances.
Clear Communication
You should understand what you are facing, what your options are, and what each potential path could mean.
What happens next
Charged With Break and Enter? What Happens Next?
If you have been charged with break and enter, the first priority is understanding exactly what you have been charged with and what restrictions or court requirements apply to you.
Do Not Discuss the Allegations With Police Without Legal Advice
If police want to question you about an alleged offence, speak with a lawyer before providing a detailed statement.
Anything you say can potentially become part of the prosecution's evidence.
You should also avoid discussing the allegations publicly or posting about the case on social media.
Preserve Potentially Relevant Evidence
Do not delete messages, photographs, videos, emails, location information, or other material that may relate to the allegations.
Instead, tell your lawyer what evidence exists and allow them to determine how it may be relevant to your defence.
Review Your Release Conditions
If you were released after arrest, carefully follow all release conditions.
Conditions can include restrictions relating to:
- Contact with specific people;
- Certain locations;
- Weapons;
- Alcohol or drugs;
- Communication;
- Travel; or
- Attendance at court.
A breach of release conditions can create additional legal problems.
Your Lawyer Reviews the Case
Once retained, your lawyer can assess the allegations and available disclosure, including relevant police evidence.
The objective is to determine:
- What offence is alleged?
- What must the Crown prove?
- What evidence supports each element?
- What evidence can be challenged?
- Are there procedural or Charter issues?
- Is there a viable trial defence?
- Is a resolution possible?
- What outcome best protects your interests?
FAQs About Break and Enter Charges
Is break and enter a serious criminal offence in Canada?
Yes. Break and enter is a serious offence under the Criminal Code. The potential consequences depend on the circumstances, including whether the alleged offence involved a dwelling house and whether other criminal offences are alleged.
Can I be convicted if I did not actually steal anything?
Potentially, yes. A break and enter allegation does not necessarily require that property was successfully stolen. Depending on the specific offence alleged, the Crown may rely on evidence concerning unlawful entry and the intent to commit an indictable offence.
The exact charge and circumstances must be examined.
Do police have to prove that I physically broke something?
Not necessarily. The legal concept of breaking and entering is more complicated than simply proving that someone physically broke a window or door.
Whether the legal requirements for the offence are satisfied depends on the circumstances and applicable provisions of the Criminal Code.
What if I had permission to enter?
Permission to enter can be highly relevant.
If you were lawfully entitled to enter the premises, that may affect an essential element of the prosecution's case. However, the significance of permission depends on the specific allegations and evidence.
A lawyer should review the circumstances carefully.
Can a break and enter charge be dismissed?
A charge may be resolved in different ways depending on the evidence and circumstances. In some cases, the Crown may not be able to prove the offence beyond a reasonable doubt. Other cases may involve negotiations or alternative resolutions.
There is no guaranteed outcome, but obtaining legal advice early allows you to understand your available options.
What is the maximum sentence for break and enter?
The Criminal Code provides serious maximum penalties for certain break and enter offences. In circumstances involving a dwelling-house, the maximum punishment can include life imprisonment. Other circumstances can carry different maximum penalties, including imprisonment for a term not exceeding ten years.
The maximum sentence is not necessarily the sentence a person will receive.
Can I go to jail for a break and enter conviction?
Yes, imprisonment is legally possible. Whether imprisonment is imposed depends on the circumstances and applicable sentencing principles.
Factors such as the seriousness of the conduct, whether the offence involved a residence, violence, weapons, previous convictions, and other aggravating or mitigating circumstances may affect sentencing.
What if this is my first criminal offence?
A lack of prior convictions can be an important consideration, but it does not guarantee a particular outcome.
The court can consider your background alongside the seriousness of the alleged offence and other relevant sentencing factors.
What should I do after being charged with break and enter?
Speak with a criminal defence lawyer as soon as possible. Follow your release conditions, attend all required court appearances, avoid discussing the allegations publicly, and preserve potentially relevant evidence.
Do not assume that an accusation means the Crown can prove the case.
Speak With a Criminal Defence Lawyer About Your Case
Being charged with break and enter can be overwhelming, particularly when you are unsure what the allegation means or what could happen next.
The prosecution still has to prove the required elements of the alleged criminal offence beyond a reasonable doubt. The circumstances of the entry, the alleged intention, the evidence connecting you to the property, and the reliability and admissibility of the prosecution's evidence can all matter.
Saggi Law Firm provides criminal defence representation for people facing serious allegations under Canadian criminal law.
If you are facing a break and enter charge, do not wait until the case becomes more complicated. Speak with Saggi Law Firm about the allegations, the evidence, and the defence options available to you.
Contact Saggi Law Firm today to arrange a confidential consultation with a criminal defence lawyer.
Frequently asked
Working with Saggi Law Firm
Common questions about the process, cost, timeline, and working with our firm — beyond the charge-specific information above.
Still have questions?
The fastest way to get answers specific to your matter is a short confidential call.
What happens after I contact Saggi Law Firm?
We begin with a confidential consultation to understand the circumstances of your matter — the arrest, any release conditions, the disclosed evidence, and any upcoming court dates. From there, we can outline the applicable legal framework and possible next steps.
How much does an initial consultation cost?
The initial consultation is free and confidential. It gives you a chance to explain your situation and to receive general legal information about the charge before deciding how to proceed. Nothing you share is used against you.
Do I need a lawyer if I intend to plead guilty?
Yes. Even where a person is considering a resolution, legal advice matters — the wording of the plea, the facts read in, the sentencing position, and the collateral consequences (record, immigration, licensing, travel) can all be affected by how the matter is handled in court.
Can I be released on bail?
In most cases, yes — but the process varies. A bail hearing may be required, and the terms of release can include conditions, supervision, or proposed sureties. Preparing properly for the bail hearing is often the single most important step early in a case.
How long will my case take?
Criminal matters can take anywhere from a few months to well over a year, depending on the charge, the complexity of the disclosure, court scheduling, and the defence strategy. Saggi Law Firm can give you a realistic estimate once we have reviewed your file.
Will a conviction stay on my record forever?
A criminal conviction stays on your record until a formal record suspension (pardon) is granted, and the waiting period depends on the offence and sentence. This is why avoiding a conviction — where the evidence and circumstances allow — is often a critical objective.
Do you represent clients throughout the Greater Toronto Area?
Yes. Based in Brampton, Saggi Law Firm appears across GTA and Southern Ontario courthouses — Toronto, Mississauga, Vaughan, Newmarket, Milton, and every court in between — for criminal matters, bail hearings, and related legal proceedings.
Is what I share with a lawyer confidential?
Yes. Solicitor–client privilege attaches from your very first contact — including the initial consultation. Nothing you share can be used against you, and it cannot be disclosed to anyone else without your instruction, subject to narrow legal exceptions.
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