Rochester Minnesota Burglary Attorney

Burglary Lawyer Minnesota

In the State of Minnesota, burglary, commonly referred to as breaking and entering, involves entering a building without consent and with intent to commit a crime inside, or entering a building without consent and actually committing a crime inside. It is a specific-intent crime, meaning that should you mistakenly enter someone else’s home believing it to be yours, there would be no burglary because there would be no intent on your part. Intent, however, can be inferred by your actions. Should you enter a home other than yours through the use of burglary tools, for instance, it would be hard to claim that you did not have the required intent. For a free evaluation of your case, contact our Rochester Minnesota Defense attorney before speaking to the police to see how we can help.

Burglary Categories in Minnesota

The Minnesota burglary statute contains four degrees of burglary which are determined by the type of building that was entered and what acts were performed once inside the building.

Burglary in the First Degree

The most serious of the burglary charges, Burglary in the First Degree involves entering a building without consent and with intent to commit a crime inside, or entering a building without consent and actually committing a crime inside, under the following circumstances:

• the building is a dwelling and another person is present in it;
• the burglar possesses a dangerous weapon or an explosive; or
• the burglar assaults a person within the building or on the building's appurtenant property.

Burglary in the first degree is a felony with a penalty of up to 20 years or to payment of a fine of not more than $35,000, or both.

Burglary in the Second Degree

Burglary in the Second degree involves entering a building without consent and with intent to commit a crime inside, or entering a building without consent and actually committing a crime inside, under the following circumstances:

• the building is a dwelling;
• the portion of the building entered contains a banking business and the entry is with force;
• the portion of the building entered contains a pharmacy  and the entry is forcible; or
• possession of a tool to gain access to money or property when entering or while in the building.

Burglary in the second degree also covers entry into government buildings, religious establishments, historic and school buildings. It is a felony with a maximum penalty of ten years or to payment of a fine of not more than $20,000, or both.

Burglary in the Third Degree

Burglary in the third degree involves entering a building without consent and with intent to steal or commit any felony or gross misdemeanor while in the building, or entering a building without consent and stealing or committing a felony or gross misdemeanor while in the building, either directly or as an accomplice. It is also a felony with a maximum penalty of five years or to payment of a fine of not more than $10,000, or both.

Burglary in the Fourth Degree

Burglary in the fourth degree involves entering a building without consent and with intent to commit a misdemeanor other than theft, or entering a building without consent and committing a misdemeanor other than theft while in the building, either directly or as an accomplice. It is a gross misdemeanor with a maximum penalty of imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

Contact Us Today For a Free Consultation

As noted, it is sometimes difficult for the State to prove intent in these cases, and an experienced criminal defense attorney can point out the weaknesses in the State’s case and obtain the best results possible for you. If you have been charged with a burglary, contact our office. We always offer free initial consultations to our clients. Call 507.206.6020 or complete our free case evaluation form.