The criminal offence of breaking-and-entering is the forced or unwelcome entry into a private residence. A related crime, referred to as home invasion, occurs when the occupants are present, and it is a crime that carries a more drastic penalty if you’re convicted. If you have been charged with either break-and-enter or home invasion, it is imperative that you contact our criminal defense lawyers today.
What are the Penalties for Home Invasion?
If you have been charged with home invasion, there are some facts you need to be aware of: in particular, that it is a criminal offence and you are potentially liable for imprisonment for life. If you illegally entered a non-residential premise then you are still subject to imprisonment for a term of up to 10-years.
Have You Been Charged with Breaking and Entering?
Breaking-and-entering is covered under the Canadian Criminal Code under section 348(1) and the law reads, you can be found guilty for any of the actions listed below:
- Breaking and entering a place with intent to commit an indictable offence
- Breaking and entering a place and commiting an indictable offence
- Breaking out of a place after committing an indictable offence therein
- Entering the place with intent to commit an indictable offence therein,
Your actions are an indictable offence and you are liable to imprisonment for life. If the offence is committed in a place other than a dwelling-house, you are still liable to imprisonment for a term up to 10-years. The prison sentences assigned to home invasion and breaking and entering charges are grave and reflect the importance of retaining a criminal defense lawyer to defend your case.
Home Invasion Charges: Theft
The punishment for theft as directed under section 334 of the Criminal Code dictates that every one who commits theft:
- Is guilty of an indictable offence and liable to imprisonment for a term up to 10-years, where the property stolen is a testamentary instrument (i.e Will) or the value of what is stolen exceeds five thousand dollars; or
- Is guilty of an indictable offence and is liable to imprisonment for a term up to 2-years, or an offence punishable on summary conviction, where the value of what is stolen does not exceed five thousand dollars.
Contact Our Criminal Lawyers Today
If you have been charged with either home invasion or breaking-and-entering you must realize that both charges carry lengthy terms of imprisonment: 10-years to life. With the consequences being this high, you must seek the professional help of a criminal law firm to solidify your argument and protect you from these charges. Contact us today.