Break and Enter Charges in Ontario

Updated October 8, 2026

Break and enter is a serious criminal charge. The allegation, the type of premises and the evidence of intent matter. A charge involving a home is not treated in the same way as one involving other premises. Before making decisions about a statement or a plea, obtain advice about the actual offence alleged and the evidence supporting it.

What does the offence involve?

Section 348 of the Criminal Code covers breaking and entering with intent to commit an indictable offence, breaking and entering and committing such an offence, and certain cases of breaking out. Theft is one possible underlying offence, but it is not the only one. The section also contains an evidentiary presumption about intent, subject to evidence to the contrary. Its application requires careful review.

Being unlawfully in a dwelling-house with intent to commit an indictable offence is a separate offence under section 349. The wording of the charge should not be replaced by a general description such as trespassing or burglary.

Does there have to be physical damage?

Not necessarily. Section 350 gives breaking and entering a broader meaning than smashing a window or forcing a lock. It includes specified forms of entry through threats, deception or collusion, and entry through an opening without lawful justification or excuse. Entry can occur when part of a person's body or an instrument being used is inside. An unlocked door does not, by itself, resolve the legal issue.

How serious are the potential penalties?

Under section 348, an offence involving a dwelling-house carries a maximum of life imprisonment. For other places, the offence may proceed by indictment, with a maximum of ten years, or by summary conviction. These are statutory limits, not predictions of the sentence in a particular case. Do not assume that a charge necessarily means a conviction or a particular period in custody.

What evidence should be reviewed?

Depending on the allegation, disclosure may include surveillance recordings, witness accounts, photographs, forensic evidence, statements, and records concerning access to the premises. Useful questions include who entered, when and how entry occurred, what authority or permission existed, and what the evidence actually shows about intent.

Preserve relevant messages, receipts and other records. Tell counsel promptly about recordings that may be overwritten or a witness whose evidence should be investigated. Do not alter records, contact a complainant contrary to a release condition, or try to coordinate accounts with witnesses. A defence depends on the evidence; there is no standard explanation that fits every case.

What should you do after being charged?

Read your release documents, note each court date and follow the conditions unless they are lawfully changed. Speak with counsel before giving an account to investigators or deciding how to plead. Keep the paperwork and a private chronology available for that discussion.

A criminal case may also raise immigration, employment, licensing or travel concerns. Those consequences are not identical for every person. Explain your status and professional circumstances to counsel so that they can be considered alongside the criminal proceeding.

Sources and scope

This overview draws on Criminal Code section 348, section 349 and section 350. It is general information, not legal advice about a particular case. The exact charge, applicable law and disclosure must be reviewed individually.