Burglary Lawyer in Minneapolis & Saint Paul, MN
Burglary is a serious crime in Minnesota.
If you are under investigation or charged with burglary, you should consult with an attorney at Brandt Kettwick Defense right away. If you are under investigation as a burglary suspect, do not speak with the police or provide any information. The burglary lawyers at Brandt Kettwick Defense are able to first provide you with information as to what is at stake in terms of the severity of the charges, the possible punishment, potential defenses you may have, and other consequences that can come from having a burglary conviction. We offer free, confidential consultations and are here to help.
There are four degrees of burglary: first-degree burglary is the most serious; fourth-degree burglary is the least serious. First, second and third-degree burglary are felony offenses, while fourth-degree burglary is a gross misdemeanor in Minnesota.
What are the degrees of burglary?
- 1st degree – enters a building with dangerous weapon or any article that can be fashioned into a weapon or an explosive; or enters a residential building while another person is present inside the residence; or enters a building an assaults someone inside
- 2nd degree – enters a residence with intent to commit a crime while inside; or enters a building that contains a banking business or other securities business; or enters a building that contains a pharmacy or other business involving controlled substances; or enters a building while possessing burglary tools; or enters a religious, school, historical, or government building with intent to commit a crime while inside
- 3rd degree – enters a building with intent to steal or commit any felony or gross misdemeanor while in the building
- 4th degree – enters a building with intent to commit a misdemeanor other than theft while in the building
Burglary is a “crime of violence” in Minnesota, and can have lifelong consequences that impact a person’s employment, criminal record, gun rights, voting rights, and immigration issues. Burglary charges become possible almost any time a person enters a building without permission or right, and can involve situations that we do not normally think of as burglary.
The criminal lawyers at Brandt Defense have over 20 years of experience handling all types of burglary offenses. Our team has been honored with the title of “Super Lawyers” by Law and Politics magazine for the past 10 years.
Call 763-421-6366 for a free consultation today.
Burglary Information & Guides
If convicted of a burglary or theft crime in Minnesota you may be faced with serious penalties and fines (including prison time). Depending on the value of the property stolen, penalties may range from a simple misdemeanor to a felony. First, second, and third-degree burglary charges inflict harsher sentencing than theft crimes as they are felony offenses and carry up to 20 years in prison.
All penalties listed below are the maximum penalty that can be imposed under Minnesota Law unless otherwise specified.
- 1st Degree Burglary
Felony: 20 years in prison and/or a $35,000 fine.
The Minimum sentence for burglary of an occupied dwelling is six months. - 2nd Degree Burglary
Felony: 10 years in prison and/or a $20,000 fine. - 3rd Degree Burglary
Felony: 5 years in prison and/or a $10,000 fine. - 4th Degree Burglary
Gross Misdemeanor: 1 year in prison and/or a $3,000 fine.
1st Degree Burglary (Minn. Stat. § 609.582, Subdivision 1)
Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent and commits a crime while in the building, either directly or as an accomplice, and:
- the building is a dwelling and another person is present;
- the burglar possesses: a dangerous weapon, any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon, or an explosive; or
- the burglar assaults a person within the building or on the building’s appurtenant property commits burglary in the first degree.
2nd Degree Burglary (Minn. Stat. § 609.582, Subdivision 2)
Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent and commits a crime while in the building, either directly or as an accomplice, and:
- the building is a dwelling;
- the portion of the building entered contains a banking business or other business of receiving securities or other valuable papers for deposit or safekeeping and the entry is with force or threat of force;
- the portion of the building entered contains a pharmacy or other lawful business or practice in which controlled substances are routinely held or stored, and the entry is forcible; or
- when entering or while in the building, the burglar possesses a tool to gain access to money or property.
Commits second degree burglary. Or
Whoever enters a government building, religious establishment, historic property, or school building without consent and with intent to commit or does commit theft or damage to property while in the building, either directly or as an accomplice, commits burglary in the second degree.
3rd Degree Burglary (Minn. Stat. § 609.582, Subdivision 3)
Whoever enters a building without consent and with intent to steal or commit any felony or gross misdemeanor while in the building, or enters a building without consent and steals or commits a felony or gross misdemeanor while in the building, either directly or as an accomplice, commits burglary in the third degree.
4th Degree Burglary (Minn. Stat. § 609.2231)
Whoever enters a building without consent and with intent to commit a misdemeanor other than to steal, or enters a building without consent and commits a misdemeanor other than to steal while in the building, either directly or as an accomplice, commits burglary in the fourth degree.
Burglary: Involves breaking an entering of a person’s home with the intent to commit theft.
Building: structure suitable for affording shelter for human beings including any appurtenant or connected structure.
Dwelling: means a building used as a permanent or temporary residence.
Enters a building without consent:
- to enter a building without the consent of the person in lawful possession;
- to enter a building by using artifice, trick, or misrepresentation to obtain consent to enter from the person in lawful possession; or
- to remain within a building without the consent of the person in lawful possession.
Whoever enters a building while open to the general public does so with consent except when consent was expressly withdrawn before entry.
Government building: a building that is owned, leased, controlled, or operated by a governmental entity for a governmental purpose.
Historic property: any property identified as a historic site or historic place by Minnesota Statute sections 138.661 to 138.664 and clearly identified as such by a posted sign or other means.
Public Building: a building such a hotel, hospital, motel, dormitory, sanitarium, nursing home, theater, stadium, gymnasium, amusement park building, school or other building used for educational purposes, museum, restaurant, bar, correctional institution, place of worship, or other building of public assembly.
Religious establishment: building used for worship services by a religious organization and clearly identified as such by a posted sign or other means.
School building: a public or private preschool, elementary school, middle school, secondary school, or postsecondary school building.
Theft: Involves committing an act when exerting control over another person’s property without authorization and depriving victim’s property permanently (it must be clear the property in question was not simply borrowed and a misunderstanding occurred).
Information coming soon.
Anytime you are charged with burglary or theft in Minnesota, you should do two things:
1. Contact a criminal defense attorney; and,
2. Do NOT talk to the cops.
Only in extremely rare circumstances do we recommend communicating with the cops and any decision to do so should be made with the advice of counsel and with an attorney present that has experience in handling burglary or theft charges.