What the label means in New York
New York's Penal Law does not have an offense called unlawful entry. Instead, the idea of entering or remaining unlawfully is built into the trespass offenses and into burglary, which adds an intent to commit a crime inside. Some other places, including the District of Columbia, do use unlawful entry as the name of an offense, so the wording on your papers often tells you which system you are dealing with. The same phrase also appears in federal immigration law, which is an entirely different matter. Knowing exactly what was charged, and at what level, is the first thing to settle, because a trespass case and a burglary case carry very different stakes.
What usually turns out to matter
Most of these cases are fought over permission and notice, and in a burglary case also over what the person intended when going in. A former partner returning to a shared home, a tenant going back after a lockout, and a worker sent to the wrong unit can all end up facing this kind of accusation. Keep texts, keys, leases, work orders, or anything else showing why you thought you could be there. Do not go back to the property, and if an order of protection was issued, follow it exactly.
The first steps in the case
After an arrest in New York, the next stop is usually arraignment, where the charges are read and the court addresses release and any order of protection; a felony charge may go to a grand jury. If you are not a US citizen, any plea should be reviewed for immigration consequences before it is entered. When we meet, we review the exact charge, the evidence about permission and intent, and whether an underlying housing or family dispute is driving the case.
