Long Island, NY – Jason Bassett of The Law Offices of Jason Bassett, P.C. (https://jbassettlaw.com/is-breaking-and-entering-a-felony/), releases a detailed legal explainer addressing whether “breaking and entering” is a felony under New York law. The guidance clarifies how New York classifies conduct commonly described as breaking and entering, explains the distinctions between burglary and criminal trespass, and outlines potential consequences and defenses. The initiative underscores Bassett’s commitment to public legal education while highlighting the role a Long Island criminal defense attorney plays in safeguarding the rights of individuals facing serious property-related charges.
In the explainer, Bassett details that New York does not charge “breaking and entering” as a standalone offense. Instead, prosecutors rely on burglary and criminal trespass statutes, which turn on unauthorized entry and the presence or absence of intent to commit a crime inside. Burglary is always a felony in New York and is charged in the third, second, or first degree depending on factors such as whether the location is a dwelling, whether a weapon is involved, or whether physical injury occurs. Criminal trespass ranges from a violation to a felony based on the type of property, the circumstances of entry, and any aggravating factors. By publishing a clear, organized overview, the Long Island criminal defense attorney gives the community a reliable reference for understanding how identical facts can lead to very different charges and outcomes.
The resource also explains how “entry” is interpreted broadly under New York law. Even minimal intrusion, such as a hand or instrument passing through a window, can satisfy the entry element when paired with criminal intent. Fraudulent access can also qualify. The material emphasizes that the presence of intent at the moment of entry is pivotal in determining whether conduct constitutes felony burglary or a lesser trespass. To aid readers, Bassett enumerates potential penalties: up to 7 years for Burglary in the Third Degree, 3½ to 15 years for Burglary in the Second Degree, and 5 to 25 years for Burglary in the First Degree, with additional collateral consequences such as fines, restitution, and post-release supervision. This discussion illustrates why prompt consultation with a Long Island criminal defense attorney can be decisive when charges are alleged for unlawful entry.
Recognizing the stakes for families and young people, the explainer outlines paths available to eligible youths in the Youth Part, potential transfer to Family Court, and the possibility of youthful-offender findings that seal records and avoid permanent convictions. The document also summarizes common defense strategies, including lack of authorization proof by the prosecution, documented permission to be on the premises, mistake of fact, lack of criminal intent, ownership or right of entry, and duress. These sections provide defendants and their families with a framework for evaluating case posture and discussing next steps with counsel. By consolidating statutes, definitions, and sentencing ranges in one place, the explainer serves as an accessible guide for residents and business owners alike.
About The Law Offices of Jason Bassett, P.C.:
The Law Offices of Jason Bassett, P.C. is a Long Island criminal defense firm led by attorney Jason Bassett. The firm represents clients in matters including felony and misdemeanor defense, burglary and trespass, DWI and traffic offenses, drug crimes, assault, domestic violence, and post-conviction issues. The practice serves Suffolk County, Nassau County, and surrounding Long Island communities. For consultations or more information, contact The Law Offices of Jason Bassett, P.C. at (631) 259-6060 or visit the firm online to schedule a confidential case evaluation.
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Email: bassettlaw@live.com
Website: https://jbassettlaw.com/
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Company Name: Law Offices of Jason Bassett, P.C.
Contact Person: Jason Bassett
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Phone: (631) 259-6060
Address:320 Carleton Ave # 4200
City: Central Islip
State: New York 11722
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Website: https://jbassettlaw.com/