Break and Enter Lawyer Toronto

What Is Break and Enter Under Ontario Law? 

Break and enter is defined under the Criminal Code of Canada as unlawfully entering a property with the intent to commit an indictable offense, such as theft or vandalism. This charge is considered a serious crime and can carry significant legal consequences. 

Key Elements of Break and Enter 

1. Breaking In: Forcing entry into a property or using deceit to gain access.
2. Entering: Physically crossing the threshold of a building or property without permission.
3. Intent to Commit a Crime: Having the intention to commit an offense such as theft, assault, or mischief once inside.

Examples of Break and Enter 

• Breaking a window to enter a house and steal valuables.
• Forcing open a door to access a business premises.
• Using false pretenses to gain entry into a property with the intent to commit a crime.

Your Rights When Facing Break and Enter Charges 

If you are charged with break and enter, you have the following rights: 

• Presumption of Innocence: You are innocent until proven guilty beyond a reasonable doubt.
• Right to Legal Representation: Access to an experienced lawyer who can defend your case.
• Fair Trial: The opportunity to present evidence, cross-examine witnesses, and challenge the prosecution’s case.

Why Choose Kozyrev Law P.C. for Break and Enter Cases? 

Extensive Experience in Criminal Defense 

Our legal team has successfully defended clients against break and enter charges in Toronto. We understand the complexities of these cases and are dedicated to protecting your rights at every stage of the legal process. 

Personalized Defense Strategies 

Each case is unique, and we tailor our legal strategies to fit your specific situation. Whether you are facing allegations of intent, mistaken identity, or other circumstances, we will build a strong defense on your behalf. 

Thorough Investigations 

We conduct comprehensive investigations to gather evidence, including: 

• Police reports and witness statements.
• Surveillance footage or physical evidence from the scene.
• Expert testimony to challenge the prosecution’s narrative.

Aggressive Court Representation 

We are prepared to fight for you in court, presenting a compelling case to protect your freedom and reputation. 

Steps in Handling a Break and Enter Case 

Step 1: Free Consultation 

During your free consultation, we will: 

• Review the charges against you.
• Assess the evidence and potential defenses.
• Provide a clear roadmap for your case.

Step 2: Evidence Gathering 

Our team will gather and analyze critical evidence to build a strong defense, including: 

• Reviewing surveillance footage and forensic evidence.
• Collecting alibi evidence or challenging inconsistencies in the prosecution’s case.
• Identifying any potential rights violations during your arrest or investigation.

Step 3: Pre-Trial Negotiations 

When appropriate, we will negotiate with the prosecution to reduce or dismiss charges, minimizing potential penalties. 

Step 4: Trial Representation 

If your case goes to trial, our experienced litigators will present a strong defense, challenging the prosecution’s evidence and advocating for your best interests. 

Challenges in Break and Enter Cases 

Proving Intent 

The prosecution must demonstrate that you intended to commit a crime once inside the property. We work to show that there was no criminal intent or that the situation was misinterpreted. 

Evidence Against You 

Surveillance footage, fingerprints, or other evidence may be used to build the case against you. Our team carefully analyzes all evidence to identify weaknesses or errors. 

Severe Penalties 

Break and enter convictions can result in significant jail time, fines, and a permanent criminal record. We work tirelessly to mitigate these consequences and protect your future. 

Frequently Asked Questions About Break and Enter Cases 

1. What Are the Penalties for Break and Enter in Ontario? 

Penalties depend on the circumstances and may include: 

• Residential Break and Enter: Up to life imprisonment.
• Commercial Break and Enter: Significant prison time and fines.
• Attempted Break and Enter: Reduced penalties but still serious consequences.

2. Can Break and Enter Charges Be Dropped? 

Yes, charges may be withdrawn or dismissed if there is insufficient evidence, a violation of your rights, or successful negotiation with the prosecution. 

3. What Should I Do If I Am Charged with Break and Enter? 

• Remain Silent: Do not make statements to the police without legal counsel.
• Contact a Lawyer Immediately: Seek experienced legal representation as soon as possible.
• Preserve Evidence: Collect any evidence that may support your defense.

4. Can I Be Charged If I Did Not Commit the Crime? 

Yes, mistaken identity or false accusations can lead to charges. Our team will work to uncover evidence that exonerates you. 

Protecting Your Rights in a Break and Enter Case 

1. Seek Legal Counsel Immediately: Contact a lawyer to ensure your rights are protected.
2. Preserve All Evidence: Collect and safeguard any documentation or physical evidence related to the case.
3. Avoid Contact with Witnesses: Refrain from communicating with witnesses or the alleged victim without legal advice.
4. Adhere to Legal Procedures: Follow court orders and meet all deadlines to avoid complications.

Contact Kozyrev Law P.C. Today