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:
Furthermore, “entering a building without consent” is defined to include:
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.
Burglary is always a serious charge.
A first-degree charge can be brought when:
A conviction for first-degree burglary carries a sentence up to 20 years and a fine of up to $35,000.
A second-degree burglary charge can be brought when:
A second-degree burglary conviction carries a sentence of up to 10 years and a fine of up to $20,000.
A third-degree charge can be brought if during the burglary the person:
A conviction for third-degree burglary can have a sentence of up to 5 years and a sentence of up to $10,000.
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.
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).