Breaking and Entering, sometimes referred to as a “B&E” is a very serious offence. It encompasses situations where someone trespasses, or attempts to trespass, with an intention to commit what is known as an “indictable” offence.
Within the Criminal Code of Canada, there are “summary” offences and “indictable” offences. An indictable offence is considered to be more serious than a summary offence and generally attract higher punishments. Many offences in the Code are what are known as “hybrid” offences. This means the Crown Prosecutor will decide whether to proceed summarily or through indictment.
A common example is breaking into a home or business with the intention to steal property. When this is done in a “dwelling house” with the knowledge that the rightful occupants are there, it is referred to as “home invasion” and taken extremely seriously.
Initial Arrest
When you are first charged, whether you will be held in custody or eligible to be released with an Appearance Notice or Promise to Appear will depend on whether you have been charged with breaking into a “dwelling house” or not.
Bail Hearing
If you are not released by police, you are entitled to a Bail Hearing. In this case, a Justice decides whether you should be released prior to trial, and what conditions you must follow.
If you are released on conditions, you could face additional charges if you do not follow them. These additional charges, often referred to as “breaches”, will then be required to be defended as well.
Release Conditions
Conditions may include not attending at a certain address (such as were the alleged break and enter occurred) or refraining from contacting an alleged victim. You may also be required to refrain from contacting witnesses of the alleged offence or a co-accused.
It is very important that you keep all documents that the police give to you as they contain important information. These papers will tell you exactly what you have been charged with, and when and where your first court date is.
What You Can Expect
Breaking and entering is a serious offence. Mr. Y Rory Ziv has extensive experience in this area and can be reached at 780-686-7948. A criminal conviction may result in you facing a number of consequences and challenges, even after sentencing is complete. You may be prohibited from entering certain countries, such as the United States.
If you are not a Canadian citizen, you could face additional immigration consequences. Even if this is your first encounter with criminal justice system, you could also face challenges in obtaining or retaining your employment.
Mr. Ziv will assess the case against you and will work with you to obtain the best possible result available to you, whether that is a withdrawal of the charge, a reduction at sentencing or even a full acquittal at trial.