Breaking & Entering Lawyers Calgary

Breaking and Entering is a very serious charge. The key elements of the offence is entry into property, whether it be a store or a residence. Although the offence refers break and enter nothing has to be broken to prove the charge. That is, entering through an unlocked door into a residence may still constitute an offence. The Crown will almost always seek jail upon conviction.

Breaking & Entering Charge

This crime may be committed in one of three ways:

  1. Breaking and entering into a place with the intention of committing a crime once inside (for example, theft or assault)
  2. Breaking and entering into a place and actually committing a crime once inside
  3. Breaking out of a place after committing a crime inside (for example, a person who hides in a store until it closes, steals a number of items and then breaks out while the store is still closed)

Lesser variations of this offence include the following:

  • Being Unlawfully in Dwelling
  • Mischief
  • Trespass at Night
  • Forcible Entry

“place” is defined as one of the following: a dwelling-house; a building or any part of a structure; a railway car; a boat; an airplane; a trailer; or a pen where animals are kept.

Although the offence refers to “breaking”, it is not a requirement that anything be physically broken. Opening a closed but unlocked door is sufficient to prove the “breaking” element of this charge.

Breaking and entering into a person’s residence is a separate offence that is generally treated much more seriously than other break-and-enters, which is discussed further below.

Breaking and entering is a relatively serious crime, and the police often use sophisticated methods of investigation to identify the suspect, such as searching for fingerprints and DNA testing of items touched by the offender.

Bail Conditions for Breaking & Entering Charge

The Crown frequently opposes the release of anyone charged with this crime.

Since these crimes frequently happen at night, it is common for the judge to impose a curfew condition on anyone charged with this offence. We can help ensure that any conditions imposed on you do not cause you excessive hardship while your case progresses.

Defending Breaking & Entering Charges

In all cases, our lawyers will sort through and assess the evidence obtained by the police in the course of their investigation to determine any weaknesses in the case against you.

We will also listen carefully to your account of the incident, and consider whether your case raises any of the following questions:

  • Does the Crown have sufficient information to prove the identity of the perpetrator?
  • Did you enter the place for a lawful reason?
  • Did you mistakenly enter the wrong house by accident, or because of extreme intoxication?
  • Are there eyewitnesses to the crime? Are their statements unreliable? Are the witnesses trustworthy?

The Sentence

In most cases, the Crown Prosecutor seeks a jail sentence of those who commit this crime.

Your sentence will depend on a number of factors, including the seriousness of the crime you committed or intended to commit when you broke into the place, the extent of any damage caused when you broke in, the value of any items taken, and whether or not anybody was hurt as a result.

Breaking and entering into someone’s home carries a higher potential penalty than any other type. The Crown will seek a jail sentence in virtually every case where a home has been broken into.

In addition, the fact that the home was occupied at the time, and violence or threats were inflicted on the residents requires the judge to increase your sentence!

The Judge must also take your personal circumstances into account.

  • Do you have a prior related criminal record? Do you suffer from a drug addiction that caused you to commit the crime?
  • Have you shown remorse?
  • Have you taken any steps to repair the damage you caused?
  • Do you have good future prospects?

Let us be your voice in the event you need to take responsibility. Depending on the specifics of your case and your personal background, we can explore the following options: Drug Treatment Court; out-of-court diversion; plea bargaining to a less serious offence.

Client Reviews

Michael Oykhman is a very professional lawyer and the first time I spoke to him he asked about my situation and he gave me some very helpful advice and assistance and also told me his odds of winning this case. During the days I was in contact with micheal I could feel the level of professionalism of him and his team, he is able to respond back to you with any questions you have within 24 hours. In the end he was as successful in helping me win my case as he had initially promised me.If you are still struggling to find a lawyer, I highly recommend Michael Oykhman.


Please give yourself a favour and contact Mr. Michael Oykhman if you need any legal advice or if you are in a terrible situation. Even-tough, the odds are not in your favour, still they will go extra miles to help you out in bad situation and get you favourable outcome. Moreover, They will work on your file even after the business hours. I don’t have words to say thanks to Mr. Michael oykhman and Kiran Cheema who had worked on my file and get me out of trouble. I’m very grateful for your assistance and exceptional service. HIGHLY RECOMMENDED.


I am grateful that Ms. Moira McAvoy was my lawyer, and I remain thankful to her for everything. She made a successful resolution to my case possible. Ms. Moira McAvoy is a professional, trustworthy lawyer, and a compassionate person. She is an excellent listener and knowledgeable of the law. From the start, she was an excellent guide. I did not know anything about the legal system and court, and she outlined everything clearly in advance, so I could understand things. She never rushed me through anything. She spoke clearly, explained everything, considered what I said, and provided options and advice. She kept me up to date on new information, requirements, and deadlines. She was always positive and this helped so much.


Ryan Patmore and his team are simply the best. I was bullied by CPS in 2020 and it landed me with three separate charges, assault, refusal to blow and DUI, which all went down as I was parked at a friends. After some research and a conversation with Michael, he directed me towards Ryan and at the time I didn’t know that would be a game changer in my favour! He is honest, transparent, helpful and a brilliant mind. He successfully appealed my license suspension with ATSB and then proceeded to get the crown to dismiss all my charges before trial. I never had to step foot inside a courtroom. If you are in need of a criminal defence lawyer, don’t think twice, get in touch with this firm and ask for Ryan Patmore! The guy is an absolute saviour.


Joseph Beller, from the very beginning when I first contacted and then retained Joseph as my representative I felt I was in good hands. When I emailed him with a question. I got a prompt response. We communicated often on the phone as needed. Joseph kept me informed as to the process. He made sure I knew all the potential results so I knew and could plan for the different outcomes. I know this his his job. But appreciate his professionalism and also his ability to not make me feel any extra stress. Well done.