Break & Enter Charges

Breaking and Entering is a crime under the Criminal Code of Canada.  The charge carries a maximum possible penalty of life imprisonment if the allegations relate to entering a dwelling house– a home where people live, even if they are not there at the time. In the case of Break and Enter charges involving commercial or non-residential buildings, the charge carries a maximum possible penalty of 10 years imprisonment.

Our Vancouver based law firm has extensive experience defending Break & Enter and charges under the Criminal Code of Canada.  The office prides itself on helping clients move through the justice system and on with their lives, and we are available for consultations 24 hours a day, free of charge for clients charged throughout British Columbia.

What are some recent Break and Enter cases you’ve defended?

R. v. W.K. [2015] – Client, an international student on a visa, is charged with Break and Enter into a dwelling house and Mischief Under $5000.  The allegations are domestic related and involve an ex-girlfriend and an acrimonious break-up.  The Crown proceeds by indictment, and the maximum possible sentence is imprisonment for life.  Following four month negotiation period with the Crown, the client enters a plea to just the Mischief charge and the Break and Enter is dropped.  A criminal record would have meant a possible deportation order and removal from Canada. The judge accepts a joint recommendation for a Conditional Discharge with no criminal record–  CONDITIONAL DISCHARGE and NO CRIMINAL RECORD


R. v. G.S. [2013] – Client, a top university student, was charged with multiple counts of Break and Enter and Conspiracy to Commit an Indictable Offence. Police alleged that client participated in theft ring on university campus using illegally copied dorm keys. Following discussions with prosecutor, client is permitted to enter a diversion program of combined community service and charitable donations. Following the diversion program, client enters a peace bond for a period of one year – CHARGES WITHDRAWN and NO CRIMINAL RECORD


R. v. T.A. [2012] – Client was charged with Break and Enter into a commercial space following a police investigation. Police alleged that client unlawfully entered a business after a night of drinking and committed minor damage to property. Following a comprehensive rehabilitation plan put together by our office and approved by the Crown, the client entered into a Peace Bond for one year - CHARGES WITHDRAWN AND NO CRIMINAL RECORD


R. v. H.A. [2012] – Client, a university student, was charged with Break and Enter and Mischief for allegedly breaking into a commercial retail space in the downtown core following a night of drinking.  Client was confronted on the scene by security and was arrested – CHARGES WITHDRAWN AND NO CRIMINAL RECORD


R. v. O.S. [2010] – Client charged with Break and Enter with Intent and Possession of Burglar’s Tools in relation to an incident at a warehouse – Client is arrested at the scene and subsequently provides statement to police - CHARGES WITHDRAWN AND NO CRIMINAL RECORD


R. v. A.E. [2011] - Client charged with Break and Enter with Intent and Mischief Under $5000.  Complainant returned home to find damage to a window and my Client in his residence, allegedly in an intoxicated state.  Police attended the scene and charged my Client.  Following discussions with the Crown, Client completed a comprehensive alcohol counseling and diversion program - CHARGES WITHDRAWN AND NO CRIMINAL RECORD

R. v. K.Z. [2011] - Client, along with several co-accused, charged with Break and Enter at an elementary school and Possession of Burglar’s Tools.  Police alleged that my Client was in possession of stolen property taken from the school as he was arrested by several on-scene officers - CHARGES WITHDRAWN AND NO CRIMINAL RECORD


R. v. B.F. [2009] – Client charged with Break and Enter into dwelling.  Police allege that Client along with co-accused attempted to enter home while owner present.  Police were notified and Client and co-accused were arrested in vehicle identified by witness minutes later. Client had prior criminal record as youth – Crown originally seeking jail sentence.  Following discussions with the prosecutor, a joint position for a suspended sentence is accepted by the Judge. NO JAIL - SUSPENDED SENTENCE AND PROBATION


What is the maximum possible penalty for Break and Enter in British Columbia?

The maximum possible penalty for Break and Enter into a dwelling is life imprisonment.

What else can happen to me in addition to jail time?

The consequences of a criminal record can be significant, and can impact your job, your ability to travel, and your reputation in the community. Finding the best criminal lawyer for your British Columbia criminal charges can make a significant difference to the outcome of your case. Do not plead guilty to Break & Enter charges without knowing your rights and understanding the consequences.

How is Break and Enter defined in the Criminal Code of Canada?

Under the Criminal Code of Canada:

Every one who (a) breaks and enters a place with intent to commit an indictable offence therein, (b) breaks and enters a place and commits an indictable offence therein, or (c) breaks out of a place after (i) committing an indictable offence therein, or (ii) entering the place with intent to commit an indictable offence therein, is guilty

  • (d) if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and

  • (e) if the offence is committed in relation to a place other than a dwelling-house, of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.

The Law Office of Alexander Ejsmont has experience defending people charged with Breaking & Entering offences.  Our practice is located in Vancouver, British Columbia and serves clients throughout the Metro Vancouver Area and the Lower Mainland.  We offer free consultations on all criminal matters.