Criminal Law – Breaking and Entering

348 (1) 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.

http://laws-lois.justice.gc.ca/eng/acts/c-46/page-173.html#docCont

If the Breaking and Entering charge is pertaining to a dwelling house, the offence is Indictable and can carry a maximum sentence of Life in prison. 

Where the Breaking and Entering charge is not pertaining to a dwelling house, the offence becomes Hybrid and the crown makes an election between Indictable or Summarily.  A Hybrid-Indictable offence of Breaking and Entering has a maximum prison sentence of 10 years.  A Hybrid-Summarily offence of Breaking and Entering has a maximum sentence of 6 months.

Noting the above, not everyone that is charged with an offence is found guilty.  The Crown Attorney has the burden of proving all the elements of the offence beyond a reasonable doubt.

A lawyer can help secure your freedom.
A Lawyer may properly challenge the Crown Attorney’s case.  A Lawyer may be able to question the Crown Attorney’s witnesses and statements of the events which may lead the trier of fact, Judge or Jury, to find that the crown has not met their burden of proving every element of the offence beyond a reasonable doubt resulting in a favourable verdict for you.

A lawyer can help secure a lesser sentence.
If one is guilty of an offence, whether by a guilty plea or after a trial, the court is left with the decision on sentencing.  The Criminal Code of Canada provides a basic guideline of Maximum and Minimum sentencing permitted and the types of Sentences available for each offence under the Criminal Code of Canada.  A lawyer may advocate for a sentence specifically tailored for the individual, which usually means lesser probation, fine, or jail than that sought by the Crown Attorney.

The law is vast and complex.  I can help!