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Burglary

Overview

Classically, under the common law, burglary was defined as “breaking and entering the house of another at night with intent to commit a felony therein.” Current law has greatly expanded what constitutes burglary. Minnesota law defines burglary to include:

  • Entering a building without consent with intent to commit a crime;
  • Entering a building without consent and committing a crime inside; and
  • Entering a building without consent and aiding and abetting in the commission of a crime.

Furthermore, “entering a building without consent” is defined to include:

  • Entering a building without consent of whoever is in lawful possession;
  • Entering after using artifice, trick, or misrepresentation to obtain consent; and
  • Staying inside a building without consent.

This means that if you are at a party by invitation, but get into an argument with the host, she asks you to leave, but you refuse to leave and in a fit of anger, smash a lamp, you could be charged with burglary.

Penalties for Burglary

Burglary is always a serious charge.

First Degree Burglary+

A first-degree charge can be brought when:

  • The building is a dwelling and someone else is present when the burglary occurs;
  • The person possesses a dangerous weapon or explosive during the burglary; or
  • The person commits an assault in the building or on its property

A conviction for first-degree burglary carries a sentence up to 20 years and a fine of up to $35,000.

Second Degree Burglary+

A second-degree burglary charge can be brought when:

  • The building is a dwelling;
  • The portion entered contains a bank or other similar business and the entry was with force or threat of force;
  • The portion entered contains a pharmacy or similar business and the entry was forcible;
  • The person possesses a tool to gain access to money or property;
  • Certain cases involving entry to a government building, religious establishment, historic property, or school building.

A second-degree burglary conviction carries a sentence of up to 10 years and a fine of up to $20,000.

Third Degree Burglary+

A third-degree charge can be brought if during the burglary the person:

  • Steals or intends to steal;
  • Commits or intends to commit a felony; or
  • Commits or intends to commit a gross misdemeanor.

A conviction for third-degree burglary can have a sentence of up to 5 years and a sentence of up to $10,000.

Fourth Degree Burglary+

A fourth-degree burglary charge is a gross misdemeanor. It carries a sentence of up to one year in jail and a fine of up to $3,000.

Representation for Burglary Charges

If you have been charged with burglary, whatever the degree, you need an experienced criminal defense attorney. Someone who will fight aggressively on your behalf, while giving you the Straight Talk and Honest Answers. At F. Clayton Tyler, P.A., our criminal defense attorneys have the experience to defend you and the record to prove it.

Our defense attorneys regularly appear in both state and federal courts around the Twin Cities, including Minneapolis, Edina, Minnetonka, and Brooklyn Center (Hennepin County); St. Paul and Maplewood (Ramsey County); Anoka (Anoka County); Stillwater (Washington County); Shakopee (Scott County); Chaska (Carver County); Hastings, West St. Paul, and Apple Valley (Dakota County).

We also defend felony cases across the state, and have handled cases in many Minnesota counties, including Sherburne County (Elk River), Wright County (Buffalo), Chisago County (Center City), Isanti County (Cambridge), Rice County (Faribault), Goodhue County (Red Wing), Stearns County (St. Cloud), Blue Earth County (Mankato), Olmsted County (Rochester), and St. Louis County (Duluth).