Your Break & Enter Lawyer Serving Brampton
Nirwal Law, located in Brampton and led by criminal defence lawyer Manbir Nirwal, focuses exclusively on safeguarding your rights and protecting your future. Knowing the stakes are high, Manbir brings extensive courtroom experience and a results-driven approach to your case.
Manbir takes a strategic and a personalized approach to every case. Whether the charge is minor or serious, Manbir is committed to achieving the best possible outcome for you. Your defence begins here!
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Criminal Defence Lawyers
Results Driven Property Offence Defence Lawyers
Break and enter and property offences are very serious under the Criminal Code of Canada. Charges for these offenses have serious ramifications legally; they will also have far-reaching effects on all aspects of your life – personally and professionally. Examples of property offenses include mischief, theft, as well as other more serious charges such as Break and enter.
What is Break and Enter?
A “Break and enter” offense is when you unlawfully enter a property (residential or commercial) with the intention of committing an illegal act, most often theft. A section of the canadian criminal code (section 348) states that regardless of whether or not you were successful in stealing something else, or committing some other form of crime while inside the property after the unlawful entry, simply making an unauthorized entry into the property constitutes a serious offense.
There are two primary forms of Break and enter charges:
Break and enter into a Dwelling: the act of breaking and entering into a Dwelling (a private residence) is considered much more severe than breaking and entering into a non-residential area because it invades people’s personal space and there is an increased threat to the safety of those who reside within the home.
Break and enter into a Non-Residential Property: commercial or industrial areas are examples of non-residential areas where one could be charged with breaking and entering. Penalties vary based on the value of the property and the specific circumstances surrounding the incident.
Other Property Offences
In addition to breaking and entering, there are many different types of property offenses. These include:
Theft: Taking someone’s property without their consent for the purpose of depriving them permanently.
Mischief: Intentional damage or destruction of a person’s property or interference with it.
Possession of Stolen Goods: Possessing property which you know or reasonably believe has been taken by another person illegally.
Possible Consequences for Property Offences in Ontario
Break and enter (and other property offences in Ontario) can result in serious criminal penalties that may impact an individual’s freedom, employment opportunities, future and credibility. Court treatments for these charges are generally very serious – particularly when allegations involve dwellings, businesses, weapons or large financial losses.
Property offences can include:
• break and enter
• Mischief/property Damage
• Theft under $5000.00
• Theft over $5000.00
• possession of stolen property
• Fraud and identity related offences
• robbery
• shop lifting
• treason to vary from trespassing to a criminal charge
The consequences will depend upon the specific allegation(s), the value of the property involved, whether there were any incidents where violence was used or weapons were involved, and the accused person’s history as it relates to criminal matters.
Possible consequences may include:
• a permanent criminal record
• Jail time/penitentiary sentence in more serious cases
• probation with strict conditions ordered by the court
• restitution/compensation orders
• Fines/court costs
• Difficulty finding employment/may have issues maintaining professional licences
• Immigration consequences for non-citizens/permanent residents
• Travel restrictions (e.g. May have issue entering united states)
• personal and professional reputational Damage
Break and enter is among the most serious property offences under the Criminal Code. Unlawful entry into a dwelling house with intention to commit an indictable offence carries a maximum sentence of life imprisonment. Even though commercial properties/garages/warehouses/movable storage units/business may not be dwelling homes, they still result in significant penalties including lengthy prison terms.
How We Defend Property Offences
Break and enter cases are often combined with other property offences. As such each break & enter/property offence file must be carefully reviewed to determine the evidence in support thereof including police reports, witness statements, surveillance footage and circumstances that lead up to the allegations. At Nirwal Law Manbir Nirwal defends clients charged with all types of properties crimes throughout Ontario by taking a strategic approach to each individual client’s needs and defending each client on an individual basis based on their unique situation.
Property crime charges often relate to circumstantial evidence. This includes identification evidence, fingerprints, surveillance footage, cell phone data, statements made by clients during interrogations, etc. The foundation for any strong defense is whether or not the Crown can demonstrate that they have proven the accusations beyond a reasonable doubt.
A number of defense strategy options may be available to your advocate including:
- Challenging the accuracy of the identity of the accused;
- Examining if unlawful searches/siezures were conducted by police;
- Reviewing surveillance footage for inconsistencies/gaps;
- Denying any intent to commit an offense;
- Challenge the reliability of witness testimony;
- Claim that property was lawfully possessed/lawfully owned by you;
- Examining violations of the charter (rights) involving arrests, detention, interrogations, etc.;
- Challenge the value of property that has been stolen from you;
- Negotiating reduced charges/alternative resolution where appropriate.
In order for the Crown to successfully prosecute a break & enter charge they must prove two elements: 1) unlawful entry into a building/occupancy; 2) criminal intent (intent to commit an offense). While it is possible to be found guilty of break & enter by simply being present near a building or occupancy, the prosecution must establish both elements beyond a reasonable doubt.
Many times the evidence will contain some weakness such as timeline issues, forensic evidence issues, unreliability of witnesses or assumptions made during the police investigation.
Why Clients Choose Manbir
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Manbir Nirwal
Manbir Nirwal
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Property Offence FAQs
Yes. A person can be charged with breaking and entering for breaking into another's home whether or not they take anything of value. As stated above, this is because the offence itself has two parts; the unlawful entry onto someone's property as well as your intent when entering that property to commit an indictable offense.
The most significant distinction between these two offenses is the monetary value of the allegedly stolen item(s). Theft under $5,000.00 is usually viewed as a lesser offense compared to theft over $5,000.00. As a result, thefts under $5,000.00 are typically prosecuted by way of summary conviction (in the Ontario Court of Justice), while thefts over $5,000.00 may be subject to more serious consequences and/or proceed through the courts in a more formalized manner.
The use of surveillance footage as the sole piece of evidence in an alleged Break and Enter or Theft case may ultimately result in the denial of criminal charges. While the footage is valuable as evidence, courts have traditionally considered multiple factors when considering a verdict. These include the clarity of the video itself; if the accused can be clearly identified from the footage; timelines of events and the amount of supporting evidence that is available. In some cases where there are issues with the clarity of the video (i.e. blurry video); the view was obstructed by something; or the person who identified the individual(s) seen in the video made an error in their identification, this can raise a reasonable doubt and result in dismissal of the criminal charges.
In order for the Crown to convict someone of having stolen goods, they are generally required to prove that he/she either knew the property was taken illegally, or that he/she chose to remain unaware of this fact. If one simply possesses an item, this does not necessarily result in a conviction for possession of stolen goods.
Convictions in relation to dishonesty related offenses (Break & Enter/ Theft/Fraud etc) can have lasting effects outside of court. More than likely, many employers do criminal record searches on their employees; particularly those that involve handling money, working with secure information, vulnerable people, or obtaining a professional license. Additionally, it is possible to have travel issues due to being convicted of an offense such as this, which may limit your ability to cross into another country (such as the U.S.).
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