What's the approximate fine for Break and Enter / Trespassing?

Question

I'm 14 years old and I live in Alberta. This is the first time I've ever dealt with the police.

My friends broke into a school and I was pressured into it. I didn't cause any damage to the school. I left before the cops came, but I was still near the school , so I was caught along with my friends.

I have to go to youth court and talk to the Judge about what I did. I just want to know how much the fine might be , and if I can lower it if possible.

Answer 1

Breaking and entering is a mis-nomer. The actual act of placing any part of your body inside a threshold of a structure is burglary.

A felony - 1 year or more in prison and maybe at least $1000.

You either trespass ro commit burglary- not both.

You could be justifibly shot if you keep doing this c**p..

Answer 2

RCW 9A.52.070

Criminal trespass in the first degree.



(1) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a building.

     (2) Criminal trespass in the first degree is a gross misdemeanor.

RCW 9A.52.040

Inference of intent.



In any prosecution for burglary, any person who enters or remains unlawfully in a building may be inferred to have acted with intent to commit a crime against a person or property therein, unless such entering or remaining shall be explained by evidence satisfactory to the trier of fact to have been made without such criminal intent.

RCW 9A.52.030

Burglary in the second degree.



(1) A person is guilty of burglary in the second degree if, with intent to commit a crime against a person or property therein, he enters or remains unlawfully in a building other than a vehicle or a dwelling.

     (2) Burglary in the second degree is a class B felony.

RCW 9A.52.025

Residential burglary.



(1) A person is guilty of residential burglary if, with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle.

     (2) Residential burglary is a class B felony. In establishing sentencing guidelines and disposition standards, the sentencing guidelines commission and the juvenile disposition standards commission shall consider residential burglary as a more serious offense than second degree burglary.

RCW 9A.16.050

Homicide — By other person — When justifiable.



<b>Homicide is also justifiable when committed either:</b>

     (1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or

     <b>(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode, in which he is.</b>

RCW 9A.16.110

Defending against violent crime — Reimbursement.



(1) No person in the state shall be placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary, himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger of or the victim of assault, robbery, kidnapping, arson, burglary, rape, murder, or any other violent crime as defined in RCW 9.94A.030.

     (2) When a person charged with a crime listed in subsection (1) of this section is found not guilty by reason of self-defense, the state of Washington shall reimburse the defendant for all reasonable costs, including loss of time, legal fees incurred, and other expenses involved in his or her defense. This reimbursement is not an independent cause of action. To award these reasonable costs the trier of fact must find that the defendant's claim of self-defense was sustained by a preponderance of the evidence. If the trier of fact makes a determination of self-defense, the judge shall determine the amount of the award.

     (3) Notwithstanding a finding that a defendant's actions were justified by self-defense, if the trier of fact also determines that the defendant was engaged in criminal conduct substantially related to the events giving rise to the charges filed against the defendant the judge may deny or reduce the amount of the award. In determining the amount of the award, the judge shall also consider the seriousness of the initial criminal conduct.

     Nothing in this section precludes the legislature from using the sundry claims process to grant an award where none was granted under this section or to grant a higher award than one granted under this section.

     (4) Whenever the issue of self-defense under this section is decided by a judge, the judge shall consider the same questions as must be answered in the special verdict under subsection (4) [(5)] of this section.

     (5) Whenever the issue of self-defense under this section has been submitted to a jury, and the jury has found the defendant not guilty, the court shall instruct the jury to return a special verdict in substantially the following form:

   answer yes or no

1. Was the finding of not guilty based upon self-defense? . . . . .

2. If your answer to question 1 is no, do not answer the remaining question.

3. If your answer to question 1 is yes, was the defendant:

a. Protecting himself or herself? . . . . .

b. Protecting his or her family? . . . . .

c. Protecting his or her property? . . . . .

d. Coming to the aid of another who was in imminent danger of a heinous crime? . . . . .

e. Coming to the aid of another who was the victim of a heinous crime? . . . . .

f. Engaged in criminal conduct substantially related to the events giving rise to the crime with which the defendant is charged? . . . . .

If you committed this act in WA State, I would be completely within my rights to kill you on site, and I would have civil immunity regarding my actions.

Answer 3

Trespassing is a misdemeanor, burglary is a felony.  Breaking and entering is not an official crime, that is just slang for burglary.

As a juvenile you will get some milk and cookies and be sent home to do it again.  The justice system sucks.

Answer 4

Breaking and entering is a felony which I doubt you can buy your way out of. If this is your first offense, you will probably get probation. I hope you learned a lesson.

Answer 5

Ginger,

With the utmost respect to the previous two individuals who answered your question, their answers are based on the USA.  As mentioned in your post, you live in Alberta, and as such, we do not have "felony" offences etc in Alberta.

Break and enter into a school is not a dwelling house, so luckily the penalty is lower in Canada.  The max penalty if it is a residence is life in prison!

As a youth, the Youth Criminal Justice Act puts certain restrictions on the judge.  That being said, it can still result in jail time, even if you are 14 years old!

Your first appearance will not necessarily result in a fine/punishment.  Your first appearance is when you can enter a plea (either guilty or not-guilty).

Should you enter a guilty plea, the judge is going to look at the whole situation.  He/she will look at the circumstances of the offence, your behaviour during and after arrest, your past involvement with police and/or criminal record, etc.  The specific punishment is completely up to the judge, and changes on a daily basis based on the judge/juristiction/flavour of the day.

If you enter not guilty, you will have a trial date set.

Hope that helps a bit.