The Manhattan district attorney's office says any plea agreement with the three men who admitted to base jumping from 1 World Trade Center last September must include a felony.
Jumpers James Brady, Marko Markovich and Andrew Rossig pleaded not guilty last month to a felony and a list of misdemeanors.
The felony burglary charge accuses the four of entering a building illegally with the intent of committing another crime.
Their attorneys point out that no one was put in any danger by the stunt, which was posted on YouTube.
They say the burglary law doesn't apply to this case, and that a felony record is too severe of a punishment.