Is Breaking and Entering a Felony? - Jason Bassett

From Law Offices of Jason Bassett, P.C. – Is Breaking and Entering a Felony? delves into the complicated world of property crimes in New York, exploring how what might seem like “breaking and entering” can actually fall under different statutes—such as Burglary, Criminal Trespass or unauthorized entry—and how those differences determine whether a charge becomes a felony or a misdemeanor. Presented by attorney Jason Bassett, the podcast unpacks the nuances of intent, entry, and the type of structure involved, giving listeners a clear overview of how New York law approaches these offenses.

In the first episode, Jason takes us through the basic components of “breaking and entering” charges: what counts as unauthorized entry, how the idea of “breaking” plays into the law, and why the term itself is more of a shorthand than a precise legal label. We’ll hear about how any object or even a hand reaching through a window can constitute “entry” under New York jurisprudence. Then we’ll transition into the distinction between Criminal Trespass and Burglary—showing how the same act can lead to very different outcomes depending on intent and context.

Next, we dig into the heart of the matter: when the offense is treated as a misdemeanor and when it escalates to a felony. You’ll learn how the degrees of Burglary under New York Penal Law § 140.20, § 140.25 and § 140.30 depend on factors like whether the structure is a dwelling, whether a weapon was used, or whether someone was injured during the crime. We’ll also talk about the consequences of a felony record—how employment, housing, professional licensing and even immigration status can be affected.

Finally, the podcast offers practical guidance for listeners: what are the possible defenses if you’re facing a breaking and entering or burglary charge? From permission or mistake of fact to ownership or lack of criminal intent, the discussion walks through key legal strategies. And if you or someone you know is navigating the justice system in Long Island or anywhere in New York, Jason Bassett gives insight into how tailored legal representation can make a difference. Tune in to gain clarity, protect your rights, and understand what breaking and entering really means in the eyes of New York law.

Law Offices of Jason Bassett, P.C.

320 Carleton Ave # 4200, Central Islip, NY 11722, United States

(631) 259-6060

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