Break and Enter:

Break and Enter and Property Offence Charges

Break and enter is one of several offences that fall within the broader category of property and theft offences in Ontario.  Depending on the allegations, related charges may include theft, possession of property obtained by crime, mischief, trespassing, robbery, fraud, and other Criminal Code offences.

Each offence has its own legal definition, evidence requirements, possible penalties, and potential defences.  For a broader overview of related offences, visit the Property & Theft Offences page.

Important Things to Know About Break and Enter Charges

• Break and enter is considered a serious Criminal Code offence.
• The offence does not always require damage to a door, window, or lock.
• The allegation often focuses on unlawful entry and criminal intent.
• Break and enter charges can involve homes, businesses, garages, sheds, storage units, or other places.
• The Crown prosecutor must prove the charge beyond a reasonable doubt.
• A conviction may result in a criminal record and imprisonment.
• Identification evidence is often a significant issue in break and enter cases.

What Is Break and Enter?

Break and enter is a criminal offence under the Criminal Code of Canada.  In general terms, it involves entering a place without lawful authority with the intent to commit an indictable offence, or committing an indictable offence after entering.

Despite the name, a person does not necessarily have to physically break a door, window, or lock.  Entering through an unlocked opening may still result in a break and enter allegation if the legal requirements of the offence are met.

Many break and enter allegations involve theft-related offences, but other criminal allegations may also arise depending on the circumstances.

Criminal Code Section

Break and enter is addressed under section 348 of the Criminal Code of Canada.

• Section 348 – Break and Enter

The possible penalties and seriousness of the allegation may vary depending on whether the allegation involves a dwelling-house, business, commercial property, or another type of place.

What Must the Crown Prove?

In every break and enter case, the Crown prosecutor must prove the charge beyond a reasonable doubt.

Depending on the allegations, the Crown may need to prove:

• The identity of the accused person
• That the accused person entered a place without lawful authority
• That a break and entry occurred within the meaning of the Criminal Code
• That the accused person intended to commit an indictable offence or committed an indictable offence after entry
• That the conduct meets the legal definition of break and enter
• That no legal defence creates a reasonable doubt

If the Crown cannot prove every required element beyond a reasonable doubt, the accused person cannot be found guilty.

Common Break and Enter Allegations

Break and enter charges may arise from many different situations, including:

• Residential break-ins
• Business or commercial break-ins
• Garage or shed entries
• Storage locker incidents
• Construction site entries
• School or government building entries
• Theft allegations following entry
• Property damage allegations
• Incidents involving multiple accused persons
• Cases involving surveillance footage or forensic evidence

The circumstances of the allegation, the evidence, and the surrounding facts may affect the available legal options.

Possible Penalties for Break and Enter

The possible penalties depend on the facts of the case, the type of property involved, the accused person's history, the Crown's position, and the outcome reached in court.

• Criminal record
• Probation
• Restitution orders
• Community service
• Travel restrictions
• Immigration consequences
• Employment and licensing consequences
• DNA orders in some circumstances
• Weapons prohibitions in some circumstances
• Imprisonment

Break and enter is considered a serious criminal offence and imprisonment may be a significant risk depending on the circumstances.

Break and Enter and Dwelling-Houses

Break and enter allegations involving a dwelling-house are generally treated more seriously than allegations involving other types of property.

A dwelling-house generally refers to a place used as a residence.  Homes, apartments, condominiums, and other residential properties may fall within this category.

The law recognizes that unlawful entry into a residence raises additional concerns regarding privacy, security, and personal safety.

Identification and Forensic Evidence

Identification evidence is often an important issue in break and enter prosecutions.  The Crown may rely on surveillance footage, eyewitness evidence, fingerprints, DNA evidence, photographs, or other forensic evidence.

Mistaken identification can occur.  The reliability of identification evidence may depend on observation conditions, video quality, witness recollection, forensic testing, and other factors.

Careful review of identification and forensic evidence is often important when assessing the strength of the Crown's case.

Related Property & Theft Offence Charges

Some break and enter allegations may involve additional property-related charges depending on the facts, property involved, and allegations surrounding the incident.

• Mischief / Vandalism – allegations involving property damage or interference with property
• Trespassing – allegations involving unauthorized entry onto property
• Theft Under $5,000 – allegations involving property valued under $5,000
• Theft Over $5,000 – allegations involving property valued over $5,000
• Shoplifting – retail theft allegations involving merchandise from a store or business
• Possession of Property Obtained by Crime – allegations involving property believed to be obtained through criminal activity
• Robbery – allegations involving theft combined with violence, threats, force, or intimidation

Additional information about these offences can be found on the Property & Theft Offences page.

Possible Legal Defences to Break and Enter

A defence to a break and enter charge depends on the specific facts and evidence.  Not every defence applies to every case.

Possible issues may include:

• The accused person was wrongly identified
• The accused person did not enter the place alleged
• The accused person had lawful authority to be present
• The Crown cannot prove the required intent
• The evidence does not prove the charge beyond a reasonable doubt
• Witness evidence is unreliable or inconsistent
• There are issues with surveillance, fingerprint, DNA, or forensic evidence
• The allegation is mistaken, incomplete, or exaggerated
• Police may have breached Charter rights
• There may have been an unlawful search, seizure, detention, arrest, or statement issue

The best defence strategy depends on the evidence, disclosure, circumstances, and the accused person's goals.

Court Process for Break and Enter Charges

The court process can vary depending on the circumstances.  Many break and enter cases involve:

1. Police investigation
2. Arrest or charge
3. Release from custody or bail hearing
4. Release conditions
5. First court appearance
6. Review of disclosure
7. Review of surveillance, forensic, fingerprint, or DNA evidence
8. Resolution discussions
9. Judicial pre-trial or Crown pre-trial
10. Trial preparation
11. Trial or negotiated resolution
12. Sentencing, if applicable

Understanding each step can help you avoid missed court dates and make informed decisions throughout the court process.

Break and Enter Charges Should Be Taken Seriously

A break and enter charge can affect more than the immediate court case.  It may affect a person's criminal record, employment, travel, immigration status, professional licensing, and future opportunities.

Reviewing disclosure, understanding the allegations, and obtaining legal advice early can help a person understand the options that may be available.

Every break and enter case is different.  The outcome depends on the facts, evidence, legal issues, and surrounding circumstances involved.

Frequently Asked Questions About Break and Enter Charges

Do I have to break a window or door to be charged with break and enter?

No.  A person does not necessarily have to physically damage a door, window, or lock.  Entering through an unlocked opening may still result in a break and enter allegation if the legal requirements of the offence are met.

Is break and enter a serious offence?

Yes.  Break and enter is generally considered a serious Criminal Code offence and may result in significant penalties, including imprisonment.

What is a dwelling-house?

A dwelling-house generally refers to a place used as a residence, such as a home, apartment, or condominium.

Can I get a criminal record for break and enter?

A conviction may result in a criminal record and other long-term consequences depending on the circumstances.

Can break and enter charges be withdrawn?

In some situations, charges may be withdrawn if the evidence does not support prosecution.  Every case is different.

What if I was wrongly identified?

Identification evidence is often a significant issue in break and enter cases.  Mistaken identification can occur and should be carefully examined.

Can break and enter affect immigration status?

For non-citizens, criminal charges and convictions may have significant immigration consequences and should be reviewed carefully.

What should I bring to a legal consultation?

Bring any police paperwork, court documents, release documents, disclosure, photographs, videos, witness information, and records connected to the allegation.

Don't See Your Charge Listed?

The charges discussed on this website cover many common property and theft offence allegations in Ontario, but they do not cover every possible charge under the Criminal Code of Canada.

If you have been charged with an offence that is not listed, are facing multiple charges, have received a summons, appearance notice, undertaking, release order, probation order, or court date, contact Marketing.Legal™ for information about your situation.

Understanding your legal rights and options early can help you make informed decisions and avoid unnecessary complications.

Key Takeaways

• Break and enter is a serious Criminal Code offence.
• The offence does not always require physical damage to a door, window, or lock.
• The allegation often focuses on unlawful entry and criminal intent.
• The Crown prosecutor must prove the charge beyond a reasonable doubt.
• Identification evidence is often a key issue in break and enter prosecutions.
• A conviction may result in a criminal record, probation, restitution, and imprisonment.
• Break and enter is part of a broader group of property and theft offences in Ontario.

Conclusion

Break and enter is a serious criminal offence that can carry significant consequences.  These cases often involve allegations of unlawful entry combined with an intention to commit another offence or allegations that another offence occurred after entry.

Because break and enter cases frequently involve identification evidence, forensic evidence, surveillance footage, witness testimony, and questions about intent, careful review of disclosure is important.

Understanding the allegations, reviewing the evidence, and considering available legal options can help a person make informed decisions throughout the criminal court process.