Burglary, also known as “breaking and entering”, is the act of unlawfully entering a building with the intent to commit a crime inside: whether it’s theft, vandalism, or something else.
If convicted, the severity of your punishment will vary depending on the type of building you enter, whether there are people inside, and what you do while inside. Maximum penalties range from 364 days in jail to up to 20 years in prison.
It’s important to note that even attempted burglary is still burglary — in Minnesota, you don’t have to successfully commit the crime inside the building to be charged. If someone unlawfully enters a building with the intent to commit a crime, even if they’re caught before doing it, it can still be charged as burglary.
Degrees of burglary in Minnesota
Burglary is defined in Minnesota Statute 609.582. We’ll cover each of the four degrees and their penalties below:
Fourth-degree burglary
When people think of burglary, they often picture someone breaking into a home to steal something. But under Minnesota law, you can be charged with burglary even if you weren’t trying to steal — and even if the building was open to the public.
Fourth-degree burglary falls into two main scenarios:
- Entering a building without permission to commit a misdemeanor (that is not theft). This means going into a building you’re not allowed to be in, with the intent to commit a minor crime (like trespassing, vandalism, or disorderly conduct) but not to steal.
- Entering a public building to steal, after being told not to come back. Even if a building is open to the public (like a store, library, or mall), you can still be charged with burglary if you go in to steal something, and you were told within the past year not to come back.
Fourth-degree burglary is a gross misdemeanor. Penalties may include up to 364 days in jail, a fine of up to $3,000, or both.
Third-degree burglary
You can be charged with third-degree burglary under the following scenarios:
- You enter a building without permission and either steal (or just intend to) or commit a felony or gross misdemeanor while inside. This applies even if you don’t follow through. Just entering the building with the intent to steal or commit a serious crime can be enough.
- You enter a public building (like a store or library) to steal, you were told within the past year not to come back (a no-trespassing notice), and you have a prior conviction within the past 5 years for certain theft- or fraud-related crimes and received a felony-level sentence (even if it was stayed).
Third-degree burglary is a felony in Minnesota. If convicted, you could face up to 5 years in prison, a fine of up to $10,000, or both.
Second-degree burglary
You can be charged with second-degree burglary if you enter a building without permission, and
either intend to commit a crime or actually commit one while inside — AND any of the following conditions are true:
- The building is a dwelling (someone’s home). Burglary of a home is automatically second-degree, as long as no one is at home at the time of the burglary — otherwise, it would jump to first-degree.
- You break into a place that handles money, securities, or valuables and use force or threats. This includes banks or other businesses that take in valuable papers or property for safekeeping.
- You forcibly enter a place like a pharmacy where controlled substances are regularly kept. This targets burglaries involving prescription drugs or narcotics.
- You have burglary tools. If someone breaks in and has tools designed to break into safes, locked cabinets, or registers, it raises the stakes — even if they haven’t used the tools.
- The building is a government building, church, historic site, or school. Minnesota law automatically bumps up the charge to second-degree burglary if someone unlawfully enters these types of buildings and intends to commit a theft, intends to cause property damage, or actually does either one.
Second-degree burglary is a felony in Minnesota. If convicted, you could face up to 10 years in prison, a fine of up to $20,000, or both.
First-degree burglary
First-degree burglary means someone enters a building, intends to commit a crime, or actually commits one while aside, and ANY of the following factors is present:
- It’s a home, and someone is inside. If the building is a dwelling (someone’s residence), and another person (not involved in the crime) is inside at any point during the burglary, it jumps to first-degree. This can also be referred to as burglary of an occupied dwelling or home invasion.
- The burglar has a weapon or something that looks like one. If the person carries a dangerous weapon, an object that appears to be a weapon, or an explosive, it doesn’t matter if they use it — the presence alone is enough to trigger first-degree charges.
- Someone is assaulted during the burglary. If the burglar physically assaults anyone in or around the property (like a homeowner, tenant, or even a neighbor), that automatically makes it first-degree burglary.
First-degree burglary is a felony, and penalties may include up to 20 years in prison, a fine up to $35,000, or both.
If the burglary involved an occupied dwelling (someone present in the home while the burglary occurs), Minnesota law also requires a mandatory minimum sentence of six months in jail or prison, even if the judge would normally consider a lesser sentence.
Burglary vs. Robbery
Burglary is the act of entering a building or dwelling without consent with the intent to commit a crime.
Robbery, on the other hand, involves property taken directly from a person by use or threat of force. It can be accompanied by charges like assault or threats of violence.
Defending against a burglary charge
Needless to say, it’s worth fighting a burglary charge with everything you have to avoid the severe penalties of even the lowest burglary degree — not to mention the collateral consequences associated with a criminal record.
Here are some defenses your attorney might use to fight your charges:
- Intent: To convict someone of burglary in Minnesota, the prosecution has to prove intent. They have the prove beyond a reasonable doubt that you had a criminal purpose in mind when you entered the building — not after the fact, and not just because something bad happened later. It can be difficult to prove what someone was thinking, so this can be an area where defense attorneys focus.
- All elements of burglary not satisfied: Every element of burglary needs to be proven true in order to be found guilty of the charge. So if you had reason to believe you had permission to enter the building, then it isn’t burglary. And if you didn’t intend to commit a crime (say because you were intoxicated, under duress, or other reasons), then it isn’t burglary either.
- Insufficient evidence: Even insufficient evidence can be a reason for a case to be dismissed. The prosecution must be able to prove every element of burglary beyond a reasonable doubt.
If you’re ready to fight your charges, schedule a free consultation with me below.
