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.

R.W.

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.

Y.
Laura Bobyn my lawyer was amazing and so supportive of my case and me. She fought with Tenacity to get my victory. It was amazing to hear how knowledgeable and how her attention to every little detail of my case was shown in her defence! She is the best and I would recommend her to anyone of my colleagues or people in my life! Thank you, Laura!
P.D.

This law firm is your go-to!

I had the pleasure of working and trusting my case with Joseph Beller. I had 2 counts against me, and in the end, Joseph was able to present and use his “fighter skills” in court to have my charges lowered to a conditional discharge. On top of this, this firm follows its mission values statement by being ethical, transparent, available, and very friendly. Joseph and his team treated me with the utmost respect from start to finish. Thank you again, Joseph! I hope to never call you again 😊

R.R.

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.

N.B.
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