When an order of protection is involved
In New York, the crime someone intends to commit inside does not have to be theft. That is why entering a home in violation of an order of protection can sometimes be charged as burglary, with the intended crime being the violation itself or an assault. These cases often stack burglary on top of criminal contempt and other charges, and the burglary count frequently carries the most serious consequences. A name on the lease or belongings inside can be relevant, although an order excluding someone from a home can override the ordinary right to enter. The exact terms of the order and the timeline of the entry are usually central.
How the evidence is assembled
Burglary investigations frequently rely on physical and digital evidence rather than eyewitnesses. Fingerprints, DNA, and shoe impressions may be collected from the scene, and phone location data, transit records, and video from nearby cameras are often used to place someone there. Each of these has limits: a fingerprint does not show when it was left, and location data can be imprecise in dense areas. Your own records, such as work schedules, receipts, and app activity, may help establish where you were. Tell your lawyer about any legitimate reason you had to be at the location before, since that can explain forensic traces.
Early choices in a felony case
Because every degree of burglary in New York is a felony, a grand jury presentation is usually the next major step unless indictment is waived. Decisions come quickly, including whether to testify before the grand jury, how to approach release conditions, and whether to open discussions with the prosecutor before an indictment is filed. Burglary of a dwelling is treated especially seriously and is classified as a violent felony offense. During the initial consultation we review the felony complaint, any order of protection, and the evidence described so far. We also look at your record, since prior convictions can significantly affect the possible sentence.
