Breaking and entering is a term that often conjures images of burglars and masked intruders, but in the eyes of the law, the definition is more nuanced and varies from state to state. In New York, the legal framework surrounding these offenses is particularly detailed, with statutes that closely define what constitutes breaking and entering and how it is distinguished from other property crimes. In the face of criminal accusations such as breaking and entering, the path to a just resolution hinges on the skill and knowledge of your defense. Jason Bassett, a practiced Long Island criminal defense attorney, provides the high-caliber legal representation essential for those charged with these serious offenses. Whether you’re confronting a felony or misdemeanor, his guidance is pivotal in steering your case toward a favorable outcome. Embarking on your legal journey, allow Jason Bassett’s experience to fortify your defense. If you or someone you know has been accused with breaking and entering, whether in connection to trespassing or burglary charges, take the decisive step forward. Contact Jason Bassett to gain an ally in the courtroom and the comprehensive support necessary to challenge the charges head-on. Your defense begins now; reach out to Jason Bassett for a strategic partner in your corner. The Basic Components of Breaking and Entering ChargesIn New York, breaking and entering is not a charge in itself but is often associated with the crime of Burglary. Under New York Penal Law, Burglary involves illegally entering a building with the intent to commit a crime inside. The ‘breaking’ aspect refers to the forceful overcoming of resistance, such as breaking a window or kicking down a door, to gain entry. However, the term is somewhat of a misnomer since actual physical “breaking” is not always necessary to constitute a Burglary. For a charge of Burglary to stick, the prosecution must prove two main components beyond a reasonable doubt: unauthorized entry into a building and intent to commit a crime therein. It’s important to note that the building in question doesn’t necessarily have to be a home; it can be any type of structure, including businesses and sometimes even temporary structures, depending on the circumstances. Distinctions Between Trespassing and Breaking and EnteringTrespassing and breaking and entering often get lumped together but are distinct in New York law. Criminal Trespass is the unlawful entry into or remaining on a property, including a building or land, without the consent of the owner or lawful authority. It becomes a criminal charge when it involves knowingly entering or remaining unlawfully on premises. The key difference between Trespassing and Burglary (breaking and entering) in New York is the element of intent. While Trespassing does not necessarily involve intent to commit an additional crime within the property, Burglary does. Essentially, if someone enters a property unlawfully but without the intent to commit a further crime, they may be charged with Trespassing, a lesser offense than burglary. Legal Interpretations of “Entry” in Criminal LawUnder New York’s criminal law, ‘entry’ has a broad interpretation. It doesn’t require the entire body of the perpetrator to be inside the building. Even a minimal invasion, such as reaching a hand or an instrument through an open window, can constitute entry if it is connected to the intent to commit a crime. Furthermore, the courts have interpreted ‘entry’ to include instances where an individual gains access to a building through deceit or fraud, not just physical breaking. For example, if someone poses as a utility worker to gain access to a home with the intent to steal, this could be classified as burglary, even though there was no ‘breaking’ in the traditional sense. The complexities surrounding the definition of breaking and entering, the distinction from trespassing, and the legal interpretations of ‘entry’ in criminal law highlight the importance of understanding New York’s specific legal statutes. For someone facing charges related to these crimes, the nuances of the law can significantly impact the nature of the charges and the potential defenses available. Breaking and Entering: Misdemeanor or Felony?In New York State, the legal system does not use the term “breaking and entering” per se, but rather, this concept is included under burglary, trespassing, and related offenses. The severity of these charges can vary greatly, from misdemeanors to felonies, depending on several key factors. Factors that Determine the Severity of the ChargeThe severity of charges in New York is primarily determined by the degree of the offense, which is specified in the New York Penal Law. When someone unlawfully enters a building or structure with no intention to steal, they could face a misdemeanor Trespassing charge. A Criminal Trespass charge can vary from a misdemeanor to a felony based on several factors, including the location of the trespass and the circumstances surrounding the offense.
However, if during the unlawful entry, the person is discovered to have taken items from the property, the charges could be elevated to Burglary which is always a felony. Under these circumstances, the initial act of breaking and entering is assumed and incorporated into the more serious Burglary charge. Convictions for felonies typically lead to longer sentences, and those convicted will serve their time in a state or federal prison rather than a local jail. The classification of Burglary into degrees in New York is based on several factors, including the type of building involved, whether the building is a dwelling, the time of day the crime occurred, if a weapon was involved, and whether or not someone was injured during the incident.
Burglary in New York is prosecuted as a felony, which is a serious offense and categorized into three degrees:
Being convicted of either a misdemeanor or a felony has profound consequences for the accused, A criminal record can make it more difficult to find employment and can disqualify someone from a host of legal privileges, ranging from professional licenses and certifications to public housing or higher education financial aid. The more serious crime of which someone is convicted, the more severe the possible sentence which can include lengthy terms or incarceration of probation. The Role of Intent in Classification of the OffenseIntent plays a crucial role in classifying a Burglary offense in New York. The law requires that the individual not only unlawfully enters or remains in a building but also does so with the intent to commit a crime therein. If the prosecution cannot prove intent to commit an additional crime, the individual may face lesser charges, which might be a misdemeanor depending on the specific circumstances. Legal Defenses Against Breaking and Entering ChargesThere are several legal defenses available against breaking and entering charges, which hinge upon the absence of intent, authorization, or mistake. Here are some potential defenses:
It’s important to note that a breaking and entering conviction can have significant repercussions on your life, affecting not just your finances due to fines but also potentially impacting your employment and reputation. To mitigate these consequences or to fight for an acquittal, it is advisable to seek the assistance of a criminal defense lawyer. A skilled attorney can assess the case, gather evidence, and develop a strong defense strategy tailored to your specific situation.
Consequences of a Breaking and Entering ConvictionIn New York, Criminal Trespass and Burglary are offenses with penalties that increase based on the severity of the crime. Criminal Trespass can range from a violation to a felony, while Burglary is always a felony but the possible penalties increase as the degree does. Criminal Trespass Penalties in New York:
Burglary Penalties in New York:
Convicted individuals can also face monetary fines, restitution to the victims, and post-release supervision. Long-term penalties can a criminal record, a loss of certain civil rights (like the right to vote while incarcerated), and the potential for increased minimum sentences for future convictions. The Impact of a Felony Record on Future OpportunitiesThe repercussions of a felony record reach far beyond the criminal justice system. The stigma of a felony conviction can have profound impacts on future opportunities, including:
The consequences of a breaking and entering conviction in New York are severe and far-reaching. They make clear the importance of high-quality legal representation which is needed to defend against these charges and protect against long-term effects on one’s life. Navigating the Justice System with Skilled Defense from Long Island Criminal Defense Attorney Jason BassettLong Island criminal defense attorney Jason Bassett can play a pivotal role in such situations. He brings his legal acumen to the table, providing quality representation and aiming to achieve the most favorable outcome. When faced with the complexities of a breaking and entering charge, whether it’s classified as a misdemeanor or felony, having the right legal counsel is crucial to getting the best possible outcome. Jason Bassett, a skilled Long Island criminal defense attorney, stands ready to offer excellent and comprehensive legal representation. His commitment to justice and his clients’ well-being further drives him to give each case the attention and dedication it deserves. Don’t navigate these dangerous legal waters alone. Reach out to Jason Bassett for a consultation to explore your options and develop a strategy tailored to your unique situation. Secure the legal support you need to address your charges effectively. Contact Jason Bassett today at (631) 259-6060 and take the first step towards not only getting the best legal defense but also towards getting your life back. Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Viktoria Altman https://jbassettlaw.com/is-breaking-and-entering-a-felony/ Is Breaking and Entering a Felony?via Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/is-breaking-and-entering-a-felony/
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ABOUT USJason Bassett Criminal Attorney and his law firm are dedicated to protecting the rights of individuals who have been accused, arrested, and charged with a crime. As a highly-experienced Long Island criminal lawyer, Jason Bassett aggressively defends clients at both the State and Federal levels and zealously advocates for his clients’ rights in and out of court. If you are looking for a DWI lawyer, murder and homicide lawyer, federal crimes defense lawyer or a medical license defense attorney, contact Jason Bassett for a free consultation today. FIND US ONLINE Bitly Box Diigo DropBox Evernote Postach.io Inoreader Instapaper Nimbus OneDrive OneNote Raindrop Todoist Toodledo Trello Tumblr Weebly Wordpress Blogger Google Drive Youtube Google Map GMB Yelp Avvo Justia Related Links About.me Behance.net Dribbble.com Taplink.cc Gravatar.com Carrd.co Minds Justpaste Issuu Linktr.ee Solo.to Newsblur Alltop Feedly Feeder Feedspot Feedspot Archives
April 2023
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