Burglary in Minnesota is a serious criminal offense that can result in lengthy prison sentences. Generally speaking, burglary is the act of going into a building that you do not have permission to be
inside of with the intent to commit a crime. Minnesota law specifies four different levels, or degrees, of burglary crimes. The various degrees depend on the circumstances of the offense, including the type of building that was entered, whether anyone was inside the building when the offense occurred, and what crime the actor committed while inside the building.
Degrees of Burglary in Minnesota Law
First Degree Burglary
First Degree is the most serious form of burglary offense under Minnesota law. It is a felony and occurs when a person unlawfully enters a building with the intent to commit a crime and:
- the building is a home and someone is present at the time of the crime, OR
- the burglar possesses a weapon while committing the crime, OR
- the burglar assaults someone while on the property.
First Degree Burglary carries a maximum penalty of 20 years in prison and a fine of $35,000. There are also mandatory minimum sentences that can often apply to this offense.
Second Degree Burglary
Second Degree is also a serious felony-level offense. This crime occurs when a person unlawfully enters a building with the intent to commit a crime and:
- the building is a home, OR
- the area entered is a bank or other similar financial business, or a pharmacy or other business in which controlled substances are stored, and the entry into the building was made with force or the threat of force, OR
- the burglar uses a tool to gain access to valuables within the building, OR
- the burglar enters a government, religious, school, or historic property to commit a theft.
This crime carries a maximum penalty of 10 years in prison and a fine of $20,000.
Third Degree Burglary
This offense is also a felony, although it generally carries a less severe penalty than First and Second Degree offenses. Third Degree Burglary covers a wide range of circumstances. It occurs when a person:
- unlawfully enters a building and commits (or intends to commit) a felony or gross misdemeanor level offense while inside the building, OR
- enters into a building that is open to the public and steals while inside, if the person had previously been trespassed from the building, OR
- enters into a building that is open to the public and steals while inside, if the person had previously been convicted of a theft-type offense within the previous five years. Note that “theft-type offense” includes a wide variety of things, including check fraud, receiving stolen property, robbery, and wrongfully obtaining public assistance, among others.
Third Degree Burglary is punishable by up to five years in prison or a fine of up to $10,000.
Fourth Degree Burglary
This offense is the lowest level of burglary offense in Minnesota. It is a gross misdemeanor, which is punishable by a maximum of 364 days in jail and a fine of $3,000. It occurs when a person:
- unlawfully enters a building and commits (or intends to commit) a misdemeanor offense other than stealing, OR
- enters into a building that is open to the public with the intent to steal while in the building.
Note that this is just a summary of the burglary statutes and skips over a lot of detail and nuance. One important thing about burglary crimes is that they are “specific intent crimes.” This means that the prosecution must prove that the burglar intended to commit a crime while inside the building. So, for example, if a person walks into the unlocked front door of a home with the intent to commit a crime, they’ve likely committed a felony burglary. But if the government cannot prove the intent to commit a crime, then the person is likely to have committed a much less serious offense or possibly no crime at all. Proving (and defending against proof of) intent can be complicated and is one area where a skilled criminal defense lawyer can make a huge difference.
The Impact of a Conviction
Any criminal conviction is obviously a bad thing, but burglary is particularly damaging. This is because most burglary crimes are felonies, and a felony conviction can have a devastating impact on a person’s life. But because it’s also a crime of dishonesty, the impact is even worse. Being convicted of burglary can disqualify you from voting, serving on a jury, or possessing a firearm. It will make it far more difficult for you to find a job, housing, or advance your education. Any type of professional licensure will probably be harder or impossible to obtain.
Conclusion
Burglary crimes in Minnesota are taken very seriously. It’s important for anyone accused of a burglary offense to understand the nuances of the law in this area. A conviction for any degree of burglary can be devastating. The good news is that the complexity and nuance of this area of the law also means that there are often opportunities for a skilled and knowledgeable criminal defense attorney to use these laws to work in your favor and increase your odds of a good outcome. If you or a loved one has been accused of a burglary crime, contact us today for a free consultation.
