Break and Enter Lawyer in Brampton
Get Strong, Strategic Defence Against Break and Enter Charges in Ontario
Break and enter is a serious criminal offence under the Criminal Code of Canada. It is often prosecuted aggressively due to its connection with property offences, theft allegations, and the potential risk to occupants. The Crown must prove both an unlawful entry and an intention to commit an indictable offence inside the premises.
As a Break and Enter Lawyer in Brampton with more than 10 years of experience defending property-related offences across Ontario, I provide strategic, evidence-driven defence representation to protect your rights and secure the best possible outcome.
Request a confidential consultation or call me directly at (437) 998-1429 to discuss your case.
What Break and Enter Legally Means
Break and enter does not require physical force. Even opening an unlocked door or window can constitute a “break” in law. The offence can apply to:
- Residential properties (dwelling-houses)
- Commercial or business premises
- Garages, sheds, and other structures
Related Offences
These charges are often laid alongside or instead of break and enter:
- Attempted break and enter
- Break and enter with intent to commit an offence
- Possession of break-in instruments
- Trespassing at night
Understanding the legal framework is crucial, as the type of property involved and the Crown’s allegations can significantly impact your exposure to penalties.
Penalties and Consequences of Break and Enter
Break and enter carries some of the harshest penalties among property crimes in Canada. When the offence involves a dwelling-house, the maximum punishment is life imprisonment.
Potential Outcomes You Could Face
- Lengthy jail sentences
- Federal penitentiary terms for aggravated cases
- Criminal record affecting employment and professional licensing
- Probation with restrictive conditions
- Restitution orders for alleged damages or losses
- Immigration consequences for non-citizens
- Travel restrictions, especially to the United States
The sentencing depends on factors such as whether the building was occupied, whether violence was alleged, whether theft occurred, and whether you have a prior criminal record.
Common Situations That Lead to Break and Enter Allegations
Break-and-enter cases often arise from misunderstandings or misinterpretations. I regularly defend clients in situations involving:
- Disputes over access to a home or shared property
- Domestic relationship breakdowns
- Youth-related incidents involving peers or abandoned buildings
- Incorrect identification by witnesses or surveillance footage
- Innocent presence at or near the scene of a reported offence
- Miscommunication about permission to enter a property
These situations often require a strong factual defence to challenge the Crown’s assumptions and protect your credibility.
How I Defend Break and Enter Charges
Effective defence work begins with understanding the evidence and challenging the Crown’s theory. My approach is tailored to the specific allegations, focusing on the weaknesses that can lead to reduced charges, withdrawals, or acquittals.
Challenging Identification Evidence
Video, eyewitness observations, and forensic evidence are often unreliable or incomplete. I scrutinize every detail to undermine faulty or speculative identification.
Proving Lack of Intent
The Crown must prove intent to commit an indictable offence inside the premises. I often challenge the assumption that you intended theft, assault, or any offence.
Unlawful Search, Seizure, or Arrest
If police obtained evidence through Charter violations, I may seek to have that evidence excluded from trial.
Attacking Forensic Evidence
Fingerprints, DNA, and surveillance footage are not always definitive. I review expert reports for inconsistencies and weaknesses.
Establishing Lawful Entry
In many cases, there was permission or a reasonable belief of permission to enter the property.
Exploring Diversion or Alternative Resolutions
For first-time offenders, youth clients, or lower-risk allegations, non-criminal resolutions may be possible.
Why Hire Me as Your Break and Enter Defence Lawyer
I defend every case personally, ensuring you receive focused, experienced, and individualized representation.
More than 10 years of experience handling property offences in Brampton and across Ontario
- Direct access to me throughout your case
- Strong negotiation skills to pursue withdrawals or reduced charges
- Thorough preparation for trial when needed
- A defence strategy tailored to your circumstances
- Clear communication and honest guidance at every step
Break and enter allegations can be complex, but you do not have to face them alone.
What To Do Immediately After Being Charged
Your actions in the early stages can significantly affect the defence strategy.
- Do not provide statements to the police
- Avoid discussing the case with anyone involved
- Do not attempt to explain or justify your actions to investigators
- Preserve any messages, videos, or evidence that may help your defence
- Contact a lawyer immediately before making any decisions
Speaking with me early allows me to protect your rights and prevent avoidable mistakes.
My Process for Defending Your Case
I approach every break-and-enter charge with a clear, step-by-step defence plan.
Full review of the allegations and your version of events
- Examination of disclosure and all evidence
- Identification of legal, factual, and procedural weaknesses
- Development of a defence strategy tailored to your goals
- Negotiations with the Crown for the best possible resolution
- Trial preparation and defence if the case proceeds to court
Break and Enter Charges I Handle
I represent individuals facing all forms of break and enter and related property offences, including:
- Break and enter into a dwelling-house
- Break and enter into commercial or industrial property
- Break and enter with intent to commit an indictable offence
- Attempted break and enter
- Possession of break-in instruments
- Trespassing at night
- Mischief and theft are connected to break-and-enter allegations
Speak With a Break and Enter Defence Lawyer Today
If you have been charged with break and enter, early legal advice can make a significant difference in your case. I provide clear guidance, strong defence strategies, and focused representation designed to protect your future.
Contact me today for a confidential consultation.
Call (437) 998-1429 or request a case review to get started.
FAQs About Break and Enter Charges
Yes. The offence focuses on unlawful entry and intent, not whether anything was taken.
Not always. Sentencing depends on the circumstances, the property involved, and your background.
Yes. Weak evidence, lack of intent, Charter issues, or strong defence negotiation can lead to withdrawals.
Lawful entry or reasonable belief of permission is a strong defence and may lead to the charge being withdrawn.
Misidentification is common in property crime cases. I analyze all identification evidence and challenge unreliable observations.
Home invasion requires additional aggravating factors, such as threats or violence during the entry.
Timelines vary, but most cases range from several months to a year, depending on the complexity of the evidence.
Youth cases usually proceed under the Youth Criminal Justice Act, which emphasizes rehabilitation.