What Not to Say or Do While in Custody for Burglary with Injury

Posted on September 20, 2025
  • Criminal Defense

    • Burglary with injury is a serious crime in Indiana, charged as a Level 3 felony, which provides up to 16 years in prison and a fine of up to $10,000. If you are interrogated or held in custody by police, it’s essential that you don’t say or do anything that will harm your defense. Don’t do any of the following if you find yourself in this challenging situation:

    Talk to the Police 

    Before police begin interrogating you, they should read you your Miranda rights, which include the right to remain silent and the warning that anything you say or do can be used against you in a court of law. While you might think it’s best to try to clear up any misunderstandings or your name, it’s crucial that you understand this is not in your best interest.

    Cops are trained to extract information from suspects that they can use to obtain evidence against them. Sometimes, they even solicit false confessions from suspects. It is better for you to exercise your right to remain silent and request an attorney. Your attorney will be in a better position to communicate any necessary information without incriminating you.

    Admit Injury 

    The crime of burglary in Indiana is typically classified as a Level 5 felony. However, if it results in bodily injury, it is charged as a Level 3 felony. If it results in serious bodily injury, it is considered a Level 2 felony. This drastically increases the potential penalty from one year in jail to 30 years in prison. 

    Don’t admit that the alleged victim was injured. It is up to the prosecution to prove this legal element. Don’t make the job any easier for them. 

    Consent to a Search

    During your interrogation, police might ask for your permission to search your person, home, or vehicle. Do not provide this consent. 

    Law enforcement generally needs a warrant before they can search your property. Obtaining a warrant requires that they petition a court and provide a sworn statement about why they have a reasonable belief that is supported by facts and circumstances that the suspect has committed a crime. 

    There are certain exceptions to the warrant requirement for searches and seizures. One of them is consent. When you consent to a search, you save law enforcement the legwork and standards necessary to obtain a warrant. 

    Go Unrepresented 

    Don’t try to face the justice system alone. You are facing significant government resources and agendas. 

    You have the right to hire an Indianapolis defense attorney of your choosing to serve as your legal advocate and representation. The Criminal Defense Team has four of the five board-certified criminal trial specialists in Indiana. We have extensive experience in criminal law and can build a strong defense on your behalf to protect you from the harshest penalties. 

    Contact us today to arrange a free and confidential consultation with an experienced Indianapolis criminal defense lawyer. Call (317) 678-9853 to get started.