Identity cases
Many burglary prosecutions rest on circumstantial identification: a partial face on a doorbell camera, a fingerprint on a window, DNA from an object left behind, phone location data, or possession of property reported stolen. Each of these has limits. Fingerprints and DNA can show that a person touched something at some point, not necessarily when. Phone location records place a device in an area, often less precisely than people assume. Video can be grainy, partial, or taken at an angle that makes comparison unreliable. A defense review tests each link separately and asks whether the chain actually holds.
Intent and the degree of the charge
Burglary in New York requires an intent to commit a crime inside, and when there is little evidence of a plan to take or harm anything, the facts may fit a trespass charge better than a burglary. The degree depends largely on what kind of building is involved, with a dwelling treated more seriously, and on whether a weapon or injury is alleged. Whether a particular space counts as a dwelling, such as a garage, a basement unit, or part of a mixed-use building, can be disputed. Statements made at the time of arrest, especially explanations about why someone was there, are often central, and whether they were lawfully obtained can be challenged.
Shaping the defense early
We start by obtaining the evidence that ties you to the location, and by preserving anything that may show you were elsewhere, such as work records, receipts, transit card history, or messages sent at the relevant time. We review whether any search of your home, car, or phone was lawful. If property was recovered, we look at how and where it was found. We also discuss the role of your record, because prior convictions can affect both negotiations and sentencing in burglary cases. Keep your account of events between you and your lawyer while the case is pending, and do not share it with friends or post about it.
