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Levels Of Burglary

Minnesota Burglary Defense Lawyer

Burglary is a theft-related offense. While convictions tend to involve theft as a part of the crime, it isn’t a necessary element for the State to secure a conviction. Minnesota Law only requires that a person enter a structure without consent, and with the intent to commit a crime while inside that structure.

Burglary Crimes in Minnesota

There are four degrees of burglary on the books in Minnesota:

  • First-degree.  This is a felony, with a maximum punishment of 20 years in prison and a $35,000 fine.  There is a mandatory minimum sentence of 6 months in jail if the structure was a dwelling and someone was home at the time you entered.  First Degree Burglary will be charged if someone enters a building without consent with the intent to commit a crime, or enters a building without consent and does commit a crime while inside.  This either applies to an occupied dwelling, or any building if the person is in possession of a weapon when they entered the building.
  • Second-degree. This is a felony, with a maximum penalty of 10 years in prison and a $20,000 fine. Like First Degree Burglary, Second Degree will be charged if someone enters a building without consent with the intent to commit a crime, or enters a building without consent and does commit a crime while inside.  However, the main difference between First and Second Degree is, under the latter, there is no requirement that someone be present in the building when you entered without consent. Moreover, this offense applies if the building was a bank, pharmacy, government building, religious establishment, or a school.
  • Third-degree.  This is a felony, with a maximum punishment of 5 years in prison and a $10,000 fine.  Third Degree Burglary will be charged if someone enters a building without consent with the intent to commit a Felony or Gross Misdemeanor, or enters a building without consent and does commit a Felony or Gross Misdemeanor while inside.
  • Fourth-degree. This offense is a Gross Misdemeanor, with a maximum punishment of 1 year in jail and a $3,000 fine. Fourth Degree Burglary will be charged if someone enters a building without consent with the intent to commit a Misdemeanor, or enters a building without consent and does commit a Misdemeanor while inside.

Minn. Stat. 609.582 subd. 1-4

Contact a Minnesota Criminal Defense Attorney

Carson J. Heefner has over 20 years experience defending individuals charge with Burglary in the State of Minnesota. If you or someone you know has been charged with burglary, contact Carson at 612-202-8971 or carson@heefnerlaw.com for a free consultation.