What makes it burglary
Burglary generally means knowingly entering or remaining unlawfully in a building with intent to commit a crime inside. In New York the intended crime does not have to be theft, although some states define this more narrowly. Remaining unlawfully covers staying after permission ended, so a person who entered lawfully can still be charged. In New York, a building is defined broadly, and an entry into a dwelling, or one involving a weapon or an injury, raises the seriousness considerably. Former homes, an ex-partner's apartment, and a workplace after hours are common settings.
Permission and intent are usually the fight
In many cases, presence is admitted and the dispute is over whether you were allowed to be there and what you meant to do. Keys, a lease, mail sent to the address, belongings still inside, and texts inviting you over can all bear on permission. Intent is inferred from circumstances, so what you did after entering, what you brought, and what was said beforehand matter. Keep those materials, and do not return to the property to collect anything or to take pictures; your lawyer can arrange that through proper channels if needed. If you were living there, or had been until recently, tell your lawyer early, because that history can change how the entry is viewed.
Planning the case
We read the charge closely, since the degree depends on the type of building and on any weapon or injury alleged. Burglary in New York is charged as a felony, so the case generally moves toward a grand jury unless indictment is waived, and we plan around that timeline. We look at whether a housing case, a family case, or an order of protection is running alongside, and how statements in one could affect the other. For people who are not citizens, burglary charges should be reviewed for immigration effects before any decision about resolution.
