First Degree Burglary: The State has to prove the defendant entered a building without consent and committed a crime or had the intent to commit a crime PLUS just ONE of the three:
- The building the defendant entered was a residence, and another person who was not an accomplice was within the home when the defendant entered or at any time while the defendant was in the building;
OR
- The defendant possessed a “dangerous weapon,” or any article the victim reasonably believed to be a dangerous weapon, or an explosive;
OR
- The defendant assaulted someone within the building or on the building grounds.
A defendant may be charged directly or as an accomplice.
Max prison sentence: 20 years
Max fine amount: $35,000
First degree burglary also has a mandatory minimum sentence of six months if the defendant is convicted of committing burglary of an occupied residence.
Second Degree Burglary: The State has to prove the defendant entered a building without consent and committed a crime or intended to commit a crime PLUS just ONE of the following four:
- The building the defendant entered was a residence;
OR
- The defendant used force or threat of force to access banking or other valuable business papers for deposit or safekeeping;
OR
- The defendant forcibly entered a pharmacy or other business where controlled substances are routinely held or stored;
OR
- The defendant possessed a tool to gain access to money or property when entering or while inside the building.
Second degree burglary also encompasses government buildings, religious establishments, historic property, and school buildings. A defendant may be charged directly or as an accomplice.
Max prison sentence: 10 years
Max fine amount: $20,000
Third Degree Burglary: The State has to prove the defendant entered a building without consent and either stole or committed a felony or gross misdemeanor inside, or had the intent to steal or commit a felony or gross misdemeanor while inside. A defendant may be charged directly or as an accomplice.
Max prison sentence: 5 years
Max fine amount: $10,000
Fourth Degree Burglary: The State has to prove the defendant entered a building without consent and committed a misdemeanor other than theft, or had the intent to commit a misdemeanor other than theft. A defendant may be charged directly or as an accomplice.
Max prison sentence: 1 year
Max fine amount: $3,000
If you or someone you love has been charged with burglary, it’s best to talk to an attorney who understands these kinds of cases right away. Contact Brandt Kettwick Defense at 763-421-6366 for a free, no-obligation consultation.