How Much Time Do You Get For Breaking And Entering?

In sentencing for a Break and Enter case, section 348.1 of the Criminal Code requires a judge to consider as an aggravating fact that a home was occupied and violence was used or threatened at the time of the offence. This is commonly known as a “home invasion.” While there is no offence in the Criminal Code called a “home invasion,” the sentencing ranges for these types of facts are significant. The maximum punishment for Break and Enter in this case is up to life imprisonment. If the offence is in relation to a place other than a home, the term for imprisonment if convicted can range from a criminal record to 10 years in jail depending on how the Crown proceeds with the case.

What Are The Potential Defences For Break And Enter?

Q: What Are The Potential Defences For Break And Enter?

Factual Innocence: If the Crown is unable to prove the essential elements of the particular offence beyond a reasonable doubt, they will have failed to discharge their burden, and the accused will be acquitted.