Break and enter is a serious indictable offence with lengthy periods of incarceration if convicted.


A charge of break and enter can be laid on anyone who:

  1. Breaks and enters a place with the intent to commit an indictable offence therein;
  2. Breaks and enters a place and does in fact commit an indictable offence therein; or
  3. Breaks out of a place after committing an indictable offence therein or after initially entering that place with intent to commit an indictable offence therein.

If the break and enter is committed in relation to a dwelling house, the accused is liable to a maximum sentence of life imprisonment. As per section 348.1 of the Criminal Code, the fact that the dwelling house was occupied (and that the accused knew that it was occupied) at the time of the offence qualifies it as a home invasion. This becomes an aggravating factor when it comes to sentencing. In cases involving home invasions that meet certain criteria, the sentencing starting point is eight years imprisonment if the offence involves a non-dwelling house, such as a business, the maximum sentence is 10 years or 6 years imprisonment depending on the perceived severity of the alleged crime.

The offence of break and enter can also carry with it “lesser but included offences” such as Being Unlawfully in a Dwelling-House or Mischief. These lesser offences carry significantly reduced punishments.

Due to the significance of being charged with break and enter, it is important to be represented by a highly-skilled and experienced defence lawyer. Cory Wilson has successfully represented clients charged with break and enter and will use that experience to best represent your defence.

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To speak with Cory Wilson or arrange a free, no obligation consultation, call 403-978-6052 or email us here.

Cory Wilson is a criminal defence lawyer based in Calgary. If you have been charged with a criminal offence or are a suspect in a criminal investigation, call today for a free, no-obligation consultation.

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