Break And Enter Lawyer Mississauga, ON
This offence is a serious charge under the Criminal Code. The severity of the punishment of the offence of break and enter may depend on whether the place was a dwelling house. Break and enter charge is codified under section 348 of the Criminal Code and reads: Everyone 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, is guilty (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.
If the offence is in relation to a dwelling house it is straight indictable offence.
Indictment proceeding is treated more severely and the accused can elect a mode of trial whether by judge alone or judge and jury. If the accused is found guilty of this type of charge, on sentencing, it will be treated as an aggravated factor if there were persons inside the dwelling home at the time of the offence, which is similar to a home invasion.
It is the duty of the crown prosecutor to prove the elements of the offence beyond a reasonable doubt. One of the elements that the crown must prove is that the accused intended to commit and indictable offence or commited and indictable offence if the accused is charged under that section of the Criminal Code. All the elements of Break and Enter must be met. If you are charged with break and enter you may have a defence available depending on the facts of the case. Your break and enter criminal defence lawyer will advise you if there are any legal defences to your alleged break and enter charge which may negate the elements of the offence.
Do not plead guilty until you have either consulted with duty counsel or a criminal defence lawyer regarding your criminal case. It is also important to know that you have legal rights and equally important that they are preserved.
Contact an experienced Break and Enter Criminal Defence Lawyer today at (905) 230-4529 and book your free consultation. As a Criminal Lawyer, I will defend your case and fight for you to ensure that you obtain the best possible outcome in a time effective manner. I also accept Legal Aid Certificates. Hire me as your Legal Aid Criminal Defence Lawyer in Mississauga today!
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