Break and Enter / Home Invasion

If you’re facing break and enter or home invasion charges in Edmonton, Geoff Green provides skilled representation to protect your rights. With over 25 years of experience in criminal law across Alberta, Geoff has a deep understanding of the Criminal Code and the serious implications of these charges.

Facing a break and enter offence can be overwhelming, often involving a potential jail sentence and a criminal record that can impact future employment and opportunities.

Contact Geoff Green to schedule your free initial consultation to discuss your case, assess potential defences, and outline a strategic approach.

Understanding Break and Enter and Home Invasion Offences

Break and enter offences are serious criminal charges under Canadian law, carrying severe penalties if convicted.

According to Section 348 of the Criminal Code of Canada, break and enter involves unlawfully entering a place, such as a dwelling-house or business, with the intent to commit an offence like theft, assault, or property damage. This is typically an indictable offence, meaning it is treated with high seriousness by the Crown and Courts, and penalties include imprisonment, often determined by the nature of the crime and its specific circumstances.

When break and enter occurs in a dwelling-house (residential setting), it is typically seen as a more severe offence, especially if violence or threats are involved, qualifying it as a home invasion. These charges can result in a life sentence in jail if convicted, given the personal violation involved. For those accused, understanding the nuances of these offences is critical for mounting the best defence and seeking a fair trial.

Legal Implications and Penalties of a Break and Enter Charge

Convictions for break and enter charges have severe legal consequences, including potential imprisonment and a lasting criminal record.

Penalties for a break and enter offence in Alberta can range widely, from fines and probation for lesser charges to extended imprisonment for more severe cases involving violence. If tried as an indictable offence, the court may impose long-term imprisonment, with life sentences possible in cases of violent home intrusions.

A criminal record resulting from a conviction can impact multiple areas of life, including:

Impact	Details
Employment Opportunities	A criminal record can limit job prospects and career growth.
Travel	Restrictions on international travel or visa approvals.
Personal Relationships	Strain or challenges in personal and family relationships.
Immigration	Potential issues with residency status or deportation.

The nature of the charges—whether they involve theft, assault, or other criminal activity—also influences sentencing.

Engaging experienced criminal defence lawyer in Edmonton Geoff Green can make a significant difference in navigating these complex charges and working towards minimizing or eliminating these penalties.

Potential Defences to Break and Enter and Home Invasion Charges

A strong defence is essential to challenge break and enter or home intrusion charges effectively.

Several defence strategies can be considered based on the specifics of your case:

• Lack of Intent: For a successful prosecution, the Crown must prove intent to commit a crime. If Geoff Green can demonstrate that there was no criminal intent behind the entry, charges may be reduced or dismissed.
• Mistaken Identity: It is possible to face charges based on mistaken identity or false accusations, particularly in complex or chaotic circumstances. Through cross-examination and evidence gathering, Geoff can work to discredit false allegations.
• Unlawful Search and Seizure: Evidence collected without a proper warrant may be challenged in court. If law enforcement violated your rights during the investigation, this could potentially lead to a dismissal of charges.
• Duress or Coercion: In rare situations, individuals may have been forced into participating in a break and enter due to threats or coercion. Geoff can explore if this applies in your case to build a compelling defence.
• Mistake of Fact: This defence speaks to intent or mens rea and is available in certain circumstances such as an accused being invited into the property or mistakenly thinking he was at his own home when he was not, perhaps due to intoxication
• Evidence to the contrary: Once a person is found in a place without being invited in, evidence showing otherwise can rebut the presumption that an accused was there for the purpose of criminality

Geoff Green will assess all available defences in your case, leveraging his understanding of criminal law to protect your rights effectively.

The Role of Evidence in Break and Enter Cases

Evidence plays a vital role in break and enter cases, requiring careful examination to ensure fairness. Evidence in break and enter cases may include witness statements, surveillance footage, physical evidence from the scene, and digital records. Geoff Green will review the evidence meticulously, challenging any questionable procedures or conclusions to ensure they adhere to legal standards.

This process includes examining how the police gathered evidence and whether they respected procedural rules, such as ensuring valid warrants for searches. Proper handling of evidence can sometimes mean the difference between a conviction and an acquittal. Geoff’s careful examination can work to minimize risk and ensure only lawful evidence is presented in court.

Bail Hearings for Break and Enter Charges

Securing bail after a break and enter charge can be essential in preparing an effective defence.

In Alberta, bail hearings follow a formal process, where Geoff Green can present a case for your release by demonstrating factors like community ties, steady employment, and lack of prior convictions. Bail may come with specific conditions, such as geographic restrictions or prohibitions on communication with certain individuals.

Geoff Green’s experience with bail hearings can help you navigate this process efficiently, aiming to allow you time outside of detention to assist in building your defence. Bail is a critical stage in any criminal case and can often influence the direction and options available for a defence.

Sentencing for Break and Enter and Home Invasion Convictions

Sentences for break and enter convictions vary, often reflecting the seriousness of the offence and any aggravating factors.

For break and enter charges, especially where no violence or threat is involved, sentences may be less severe and could involve fines or probation. In cases of violent home intrusions, penalties are significantly harsher, with life imprisonment as a potential maximum.

Sentencing considerations include the nature of the break-in, the intent to commit a crime, and the degree of harm or threat posed to occupants. Geoff Green will present any mitigating factors—such as lack of prior criminal record, demonstrated remorse, or external pressures involved in the offence—to work towards a fair sentence.

Impact of a Criminal Record and Future Opportunities

A criminal record from a break and enter conviction can have lifelong consequences, impacting employment, housing, and travel.

Many employers conduct background checks, and a conviction can restrict career prospects in various fields. Beyond employment, a criminal record can affect applications for housing, financial loans, and travel visas.

Seeking a criminal defence lawyer like Geoff Green early in the process can provide the opportunity to mitigate the severity of charges, seek alternatives to conviction where possible, and help preserve your future opportunities.

Appeals for Break and Enter Convictions in Edmonton

If convicted of break and enter, appealing the decision may be an option worth considering.

Appeals can challenge both the conviction and the sentence, though they must meet specific legal grounds. Geoff Green’s experience in the Court of Appeal allows him to identify potential errors in the trial process, such as misinterpretation of the law or improper admission of evidence.

Appealing a conviction requires a thorough examination of the trial record to determine any possible points of error. Geoff will advise you on the likelihood of a successful appeal and guide you through the necessary steps if an appeal is warranted.

Frequently Asked Questions about Break and Enter / Home Invasion Charges in Alberta

How is “intent to commit an indictable offence” determined in a break-and-enter charge?

In Alberta, to prove intent to commit an indictable offence in a break-and-enter case, the Crown must show beyond a reasonable doubt that the accused entered a property with a plan to commit a criminal offence, such as theft or assault. Evidence like possession of tools for theft, actions upon entry, or previous intent statements can support the Crown’s case, but a lawful excuse or lack of intent can serve as a defence. An explanation that might reasonably be true can be forwarded to the Court as well.

What is the difference between being charged “summarily” and by “indictment” for break and enter?

Break and enter charges in Alberta can proceed summarily for less severe offences, leading to lower penalties and faster trials, or by indictment for more serious cases, carrying heavier penalties and more complex legal proceedings.

Typically, charges involving home invasions or entry with intent to commit a serious offence like assault are pursued by indictment.

Can you be found guilty of breaking and entering without actually stealing anything?

Yes, in Alberta, you can be found guilty of break and enter even if no property was stolen.

The crime is defined as entering a place without permission, combined with committing an indictable offence, like damaging property or assaulting someone, rather than by the act of stealing itself. You may even be charged with break and enter if at the time you entered you had the intent to commit a criminal offence.

How does the Alberta Court of Appeal handle break-and-enter cases?

The Alberta Court of Appeal reviews break and enter cases to ensure proper legal interpretation and sentencing. Defendants may appeal convictions or sentences, often challenging how the trial judge interpreted intent, applying criminal code provisions, or the admissibility of evidence related to the alleged crime.

What are possible defences against a break-and-enter charge in Alberta?

Defences against break and enter charges in Alberta include proving a lawful excuse, lack of intent to commit an indictable offence, or mistaken entry. Evidence showing the accused had permission to enter or challenging the Crown’s ability to prove intent are strategies often used in defending these charges throughout Alberta.

Schedule a Free Initial Consultation with Geoff Green

Geoff Green offers free initial consultations to help you understand your rights and options in defending against break and enter or home invasion charges.

During this consultation, you will have an opportunity to discuss the details of your case, ask questions about the potential defences, and receive guidance from an experienced criminal lawyer in Edmonton.

If you are facing break and enter charges in Alberta, Geoff Green is prepared to provide knowledgeable, experienced legal representation to protect your rights at every step. Contact Geoff Green’s law firm today to schedule your free consultation and begin working on your best defence.