Break and enter criminal code is an essentials legal process that every citizen must know. Break and enter is growing up as a common crime in Canada. It is generally done to steal or to robbery by entering any dwelling or non-dwelling places. This crime can be of two types. Either enter the house without breaking the lock or entering the house by breaking the lock.
In this article, you will get to know about the criminal code of break and enter that is defined by the government. And you are always welcome to contact us if you are facing any such consequences related to it. We have solved many break and enter cases in Canada.
What is Break and Enter Definition
Break and enter is a crime that can be done both in a dwelling place and in a non-dwelling place. This means entering somebody’s property without permission with the intention to commit heinous crimes. The crimes may include theft, robbery, destroy the property to some extend, and many more. However, there is another lawsuit for dwelling-house criminal code in the criminal code of Canada.
Moreover, the word “break” simply does not mean only to break the lock of a door and window and then perform the crime. Instead, it also suggests entering into the house, apartment, shop, and other property from the front door without the owner’s approval.
The defaulters sometimes need to use some tools like a screwdriver or hammer to break the door and window when it is closed. In this situation, the best idea is to set an alarm that will notify you if someone is trying to enter your house.
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One needs to contact a lawyer early if something happened to him. Only the lawyer can suggest to him all the necessary steps take action. Mischief criminal code is another lawsuit related with break and enter cases. You must understand each law properly to get benefits of these laws whenever you need.
Break and Enter Criminal Code Cases in Canada
The number of cases related to break and enter is increasing day by day in Canada. In the recent year also many such cases came to the police for investigation. However, some cases are still under surveillance.
For example, on December 17, 2020, a man was charged in the case of break and enter in Peterborough. The suspect had entered into a home around 5 AM while all the family members were sleeping. And then the suspect ran away when confronted. Police arrested the defaulter as he was found with a screwdriver and a hatchet.
On December 5, 2020, a man was charged as he entered a Salmon Arm business without an invitation. Items more than $10,000 and cash were stolen overnight. When the matter was informed to the police, they took an immediate step and caught the theft on the same day.
On December 9, 2020, two people, according to CCTV footage, entered a gas station in Toronto. Around 4 AM, the police were informed through an alarm call. Police went there for investigation and found that the glass front door was smashed. Approximately products valued at $5,000 were stolen. Police are still looking for theft and seek help from the general people to inform if they are noticed.
The Punishment for Break and Enter
If you want to know, what is the sentence for break and enter with intent? then follow the below section. We have discussed the lawsuit & the punishment for your assistance.
The maximum punishment that one can receive for a break and enter crime committed in a dwelling place is life imprisonment. On the other hand, the maximum sentence for a break and enter crime committed in a non-dwelling place is 10 years imprisonment.
Depending on the crime type, the punishment will be decided. There is another lawsuit about dwelling-house criminal code in Canadian criminal code. Under the legal system there is different lawsuit about criminal code of Canada break and enter with intent.
This rule falls under the Canadian Criminal Code of section 348.
What to do if Someone is Charged with Break and Enter
The defaulters of break and enter have the right to guidance. The police must notify the reason before arresting and then make reasonable tries to speak to assist the specific counselor. After the defaulter is bought to the police station, they allow contacting the personal solicitor in a private room.
Depending on the conditions of the case and the seriousness of the offense, the police will decide bail or hold. If the defaulter is given bail, that means he can contact his family members and friends. But the authority has complete right to present him in front of the Judge or justice within a limited time, which is more often between 24 hours of the arrest.
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At the bail hearing day, the Judge and the solicitor will argue to prove his innocence or whether he is eligible to be released from custody or not. If yes, then some terms should be enforced.
Therefore, you can contact a highly experienced lawyer as we have more than 30 years of experience in this matter.
Break and enter is one of the awful crimes in Canada that should eradicate as early as possible. It is not a good manner to enter someone’s property without an invitation. And in this case, if you are blamed for false allegations due to misunderstanding, that will be more pathetic.
From the above information, you have already known about the break and enter the criminal code. Additionally, it is also clear about Canada’s related cases and the consequences after it is committed.
You can contact us if any of your relatives are going through such a situation or need bail. We are always here to give you a satisfactory result that can help you’re relative to go home instead of living a measurable life.
FAQ: Break and Enter Criminal Code
There are still some confusing sub-topics related to it. So, we are here to answer all those questions that might come to your mind before filing a case. Let us directly look into specific matters.
Is breaking and entering a felony in Canada?
The term felony is not used in Canada. Instead, hybrid, indictable, and summary of first offense of breaking and entering are used. Therefore, breaking and entering falls under the violence of either hybrid or indictable.
Is breaking and entering the same as trespassing?
Both terms may sound the same, but there are some significant differences. Breaking and entering means to enter dwelling and non-dwelling places without permission, whether day or night. On the other hand, trespassing means to enter dwelling places without invitation at night.
What is the penalty for break and enter in Canada?
The maximum penalty for the break and enter a dwelling place is life in prison, whereas it is 10 years for non-dwelling areas. The Judge will give the decision after hearing and watching all the proof from the defaulter’s lawyer.
Is breaking and entering a severe crime?
Yes, breaking and entering is one of the severe crimes in Canada. It can lead the theft to be in jail even for his whole life without any bail. But in some special terms and conditions, he might get bail.
How to control break and enter to some extend?
It is not possible to make the rate of break and enter crime straight to none. The thing you can do is to be careful and keep your house, apartment, garage, or shop under surveillance. In this way, you can always keep an eye on your property and inform the police if you see any mishaps. However, you can always get legal assistance from break and enter criminal code.