You Are Facing a Felony That Could Change Your Life. A Minnesota Burglary Lawyer Explains What Comes Next.
The moment you were charged, your life was split into two parts: before the accusation and after. Right now, you are in the “after.” You’re staring at a legal document that says the State of Minnesota believes you committed First-Degree Burglary. It feels unreal, unfair, and overwhelming. The accusations might be a complete misunderstanding, a situation blown entirely out of proportion, or simply wrong. You may have been in the wrong place at the wrong time, or had no intention of committing a crime. The police and prosecutors, however, are not interested in your side of the story. Their job is to build a case against you, and they have the full power of the government behind them.
You feel isolated, judged, and terrified of what the future holds. A felony conviction is not just a mark on your record; it’s a profound disruption to your entire existence. We’re talking about the possibility of years in prison, crippling fines, and a future where opportunities for employment, housing, and even your constitutional rights are stripped away. This is not a charge you can ignore or handle on your own. You are in a fight for your freedom and your future. But you do not have to face this alone.
From the bustling streets of Minneapolis and St. Paul to the communities of Rochester, Duluth, and St. Cloud, I have defended people just like you against serious felony charges. I understand the tactics prosecutors use in Hennepin County, Ramsey County, Olmsted County, and across the state. My focus is singular: to stand between you and the State, to challenge their evidence, and to build the strongest possible defense for your case. Your side of the story needs to be heard, and your rights must be protected.
Your World Turned Upside Down: What is First-Plegree Burglary in Minnesota?
When you hear the term “burglary,” you might picture a masked figure sneaking into a home at night to steal jewelry. While that can be one scenario, the legal definition of First-Degree Burglary in Minnesota is much broader and often snares people in situations they never imagined would lead to such a severe felony charge. At its core, a Minnesota burglary charge isn’t just about theft. It’s about unlawfully entering a building with the intent to commit any crime inside—that could be theft, assault, property damage, or something else entirely. The charge becomes First-Degree Burglary, the most serious level, when certain aggravating factors are present.
Facing a First-Degree Burglary accusation means the prosecutor is alleging more than just a simple trespass. They are trying to prove that you entered a home or dwelling without permission, and that one of three specific, serious conditions was met: the home was occupied by another person at the time; you possessed what could be considered a dangerous weapon; or you assaulted someone inside. These elements elevate the crime to a severe felony, reflecting the law’s focus on protecting the sanctity and safety of a person’s home. Understanding the gravity of these Minnesota burglary charges is the first step in building a powerful defense against them.
The Law in Black and White: Minnesota Statute § 609.582
The crime of First-Degree Burglary is defined in Minnesota Statutes. The law lays out exactly what the prosecutor must prove to convict you. The primary statute governing this offense is § 609.582, subdivision 1. It is critical that you understand the precise legal language the state will use to try and take away your freedom.
Here is the exact language from the statute:
609.582 BURGLARY IN THE FIRST DEGREE.
Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent1 and commits a crime while in the building, either directly or as an accomplice, commits burglary in the first degree…2 if:
(a) the building is a dwelling and another person, not an accomplice, is present in it when the burglar enters or at any time while the burglar is in the building; or3
(b) the burglar possesses, when entering or at any time while in the building, any of the following: a dangerous weapon, any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon, or an explosive; or
(c) the burglar assaults a person within the building or on the building’s appurtenant property.4
Deconstructing the State’s Case: The Legal Elements of First-Degree Burglary
To secure a conviction for First-Degree Burglary, the prosecutor can’t just tell a convincing story. They have a high burden of proof. They must prove every single one of the following legal elements beyond a reasonable doubt. If they fail to prove even one of these components, their case falls apart. My job is to find the weakness in their argument and dismantle their case piece by piece.
- Entering a Building Without ConsentThis is the foundational element. “Entering” can mean your entire body or even just a part of your body crossing the threshold. “Without consent” means you did not have permission from the owner or resident to be there. This can be more complex than it sounds. Did you have prior permission that was never revoked? Were you led to believe you were allowed inside? Was the entry a misunderstanding? Prosecutors in cities like Bloomington and Brooklyn Park often rely heavily on the homeowner’s testimony, which can be challenged for ambiguity or bias.
- Intent to Commit a CrimeThis is the mental state element, and it is often the most difficult for the state to prove. The prosecutor must show that at the moment you entered the building, you had the specific intention of committing a crime inside. They have to prove what was in your mind. If you entered for a non-criminal reason—perhaps to seek shelter, out of confusion, or to retrieve property you honestly believed was yours—then you did not have the required intent. This element is a critical battleground in defending against burglary charges across Minnesota.
- An Aggravating FactorThis is what elevates the charge to the highest level. The state must prove at least one of the following occurred: the building was a “dwelling” (a place of residence) and another person was present; you possessed a dangerous weapon (or something that looked like one); or you assaulted someone. Each of these can be contested. Was the person present an accomplice? Was the object in your possession truly a “dangerous weapon” under the law? Did an actual assault occur, or was it a misunderstanding or self-defense? These are not minor details; they are the core of a First-Degree Burglary charge.
More Than Just Jail Time: The Harsh Penalties for a Minnesota Burglary Conviction
Make no mistake: a conviction for First-Degree Burglary will have devastating and life-altering consequences. The penalties are designed to be severe, reflecting the serious nature of the offense. You are not facing a slap on the wrist. You are facing a future that could be defined by incarceration and a permanent criminal record that follows you everywhere. The sentencing for burglary in Minnesota is complex and depends on the specifics of your case and your criminal history.
Felony Penalties for First-Degree Burglary
First-Degree Burglary is a felony punishable by up to 20 years in prison and a fine of up to $35,000. The court has wide discretion, but the law also includes mandatory minimums. If the burglary was of an occupied dwelling, you face a mandatory minimum sentence of six months in jail, even if you have a clean record. This means that without a powerful defense, some amount of incarceration is almost guaranteed.
Presumptive Sentencing for a First Offense
For a first-time offense of burglary of a dwelling, Minnesota law has a specific sentencing presumption under Statute § 609.583. The law presumes that the court will impose a sentence that includes at least a 90-day period of incarceration as a condition of probation. This presumption can be a powerful force pushing a judge toward jail time. However, the statute also allows this jail time to be waived if the defendant provides restitution or performs community service. This is a critical negotiating point where a skilled attorney can argue for an outcome that keeps you out of jail.
Real Charges, Real People: How Burglary Accusations Unfold Across Minnesota
These charges don’t just happen in the abstract. They happen to real people in everyday situations that spiral out of control. The specific context of where and how the alleged crime occurred is critical.
The College Party in Minneapolis
A party near the University of Minnesota gets out of hand. You walk into a house you thought belonged to a friend of a friend, looking for the bathroom. The real owner, whom you’ve never met, finds you in the hallway and accuses you of trying to steal from their bedroom. In the confusion, you bump into them trying to leave. Now you’re facing a charge of First-Degree Burglary with an assault allegation, all stemming from a simple misunderstanding at a chaotic party.
The Domestic Dispute in St. Paul
You go to your ex-partner’s apartment in St. Paul to retrieve your belongings after a bad breakup. You still have a key. You let yourself in, intending only to get your things and leave. Your ex comes home, a heated argument erupts, and they call the police, claiming you entered without permission to harass them. Because they were present and you entered what is now considered solely their dwelling, you could be charged with First-Degree Burglary.
The Misunderstanding in Rochester
You’re a contractor who did work on a home in Rochester. The homeowner hasn’t paid you, and your tools are still inside. You enter the unlocked garage—a part of the dwelling—to get your equipment, believing you have a right to it. The homeowner sees you on their security camera and calls the police. Because you entered without explicit, current permission to take property, a prosecutor could charge you with burglary.
Fighting Back: Crafting a Powerful Defense to Your Burglary Charge
An accusation is not a conviction. The prosecutor’s case against you may seem strong, but it is rarely airtight. There are powerful legal defenses that can be used to challenge the state’s evidence, question their narrative, and protect your freedom. Building a successful defense requires a thorough investigation into the facts of your case, from police reports and witness statements to the physical evidence itself. It means looking for the inconsistencies, the violations of your rights, and the reasonable doubt that the state hopes you will overlook.
Every case is unique, and the right defense strategy depends entirely on the specific circumstances of your charge. Perhaps the police conducted an illegal search. Maybe the witness is unreliable or has a motive to lie. Often, the state’s case hinges on proving your intent, which is a subjective element that can be very difficult to establish beyond a reasonable doubt. My goal is to exploit these weaknesses and construct a defense tailored to achieve the best possible outcome, whether that’s a full dismissal, a reduction to a less serious charge, or a not-guilty verdict at trial.
Lack of Intent
This is one of the most powerful defenses to a burglary charge in Minnesota.
- No Intent to Commit a Crime: You must have entered the building with the intent to commit a crime inside. If you entered for another reason—you were intoxicated and confused, you were seeking emergency shelter from the cold in Duluth, or you were trying to find a friend—then you did not have the required criminal intent. Proving your state of mind is the prosecutor’s burden, and it is a high bar to clear.
- Mistake of Fact: You genuinely and reasonably believed you had permission to be in the building. For example, if a friend told you that you could stay at their family’s cabin near Maple Grove, but the friend was mistaken about the dates, your entry would not be criminal because you lacked the intent to be there unlawfully.
Consent to Enter
The state must prove you entered without consent. If you had permission to be there, there is no burglary.
- Active or Implied Consent: The property owner or resident may have given you permission to enter in the past, and that permission was never clearly revoked. Or, their actions may have implied consent. For example, if you routinely entered a friend’s home in Eagan without knocking, your entry may have been considered consensual, even if they later had a change of heart about your presence.
- Public Access: If you entered a part of a building that is open to the public during business hours, you did not enter without consent. While this defense is less common in First-Degree Burglary cases involving dwellings, it can be relevant in complex situations involving mixed-use properties or home businesses.
Challenging the “Aggravating Factor”
Even if the state can prove entry and intent, your charge should not be First-Degree Burglary if they cannot prove the aggravating factor.
- No Weapon: The state must prove you possessed a “dangerous weapon.” If the object they claim was a weapon was just a tool you had for work, or if it was not used in a threatening manner, we can argue it doesn’t meet the legal definition. The prosecution can’t just call any object a weapon; they have to prove it.
- No Occupant or Accomplice: The person present in the dwelling cannot be an accomplice to your alleged crime. If the only other person present was someone who was there with you, the charge cannot be elevated to the first degree based on the “occupied dwelling” clause. We would challenge the status of any other individuals present.
Misidentification or False Accusation
You are simply the wrong person, or the accuser is lying.
- Unreliable Eyewitness: Eyewitness testimony is notoriously unreliable. The lighting was poor, the witness only saw the person for a few seconds, or their description of you is vague or matches many people. We can challenge the integrity of the lineup or photo array police used in places like Plymouth or St. Cloud.
- Motive to Fabricate: The person accusing you may have a reason to lie. This is common in cases stemming from domestic disputes, sour business deals, or personal conflicts. We would investigate the accuser’s background and their relationship with you to expose any motive to make a false report to the police.
Urgent Questions, Straight Answers: Your Minnesota Burglary FAQ
Will I go to jail for First-Degree Burglary in Minnesota?
It is a very real possibility. A conviction for burglarizing an occupied dwelling carries a mandatory minimum of six months in jail. For a first offense, there is a legal presumption of at least 90 days of incarceration. My primary goal is to build a defense that helps you avoid jail time entirely, either through a dismissal, acquittal, or by negotiating a sentence that involves probation and alternatives to incarceration.
Can a First-Degree Burglary charge be dismissed?
Yes. A dismissal is the best possible outcome. This can happen if we can show the prosecutor that their evidence is too weak to win at trial, if critical evidence is suppressed because the police violated your constitutional rights, or if we uncover evidence that proves your innocence. Acting quickly is key to increasing the chances of a pre-trial dismissal.
Do I need a lawyer for a burglary charge in Minneapolis or St. Paul?
Absolutely. A First-Degree Burglary charge is a high-stakes felony. The prosecutors in Hennepin and Ramsey Counties are experienced and aggressive. Going into court without a dedicated criminal defense attorney is a risk you cannot afford to take. A public defender may be an option, but they are often overworked with massive caseloads. You need a lawyer whose full attention is on you and your defense.
How long does a burglary charge stay on my record in Minnesota?
A conviction for felony First-Degree Burglary is a permanent part of your criminal record. While Minnesota law allows for expungement in some cases, it is a difficult and lengthy process with no guarantee of success, especially for serious felonies. The best strategy is to prevent the conviction from ever happening in the first place.
What if I was just helping a friend? Can I be charged as an accomplice?
Yes. Minnesota law states that you can be found guilty of burglary if you act as an accomplice. This means if you aided, advised, hired, or conspired with someone else to commit the crime—for instance, by acting as a lookout or driving the getaway car—you can be charged and convicted of the exact same crime as the primary actor.
What’s the difference between Burglary and Theft?
Theft (or larceny) is the act of taking someone’s property. Burglary is the act of unlawfully entering a building with the intent to commit a crime inside. You can be convicted of burglary even if you didn’t actually steal anything. The crime is the illegal entry with criminal intent.
My ex said I could come get my stuff. Is that still burglary?
This is a classic “he said, she said” scenario and a common defense. If you had a reasonable belief that you had consent to enter, it undermines the state’s case. The key will be presenting evidence to support your belief, such as text messages, emails, or prior patterns of behavior. This is a situation where the details matter immensely.
What if the police didn’t read me my Miranda rights?
If you were in custody (not free to leave) and the police interrogated you without reading you your Miranda rights, any statements you made in response to that interrogation can be suppressed. This means the prosecutor cannot use your own words against you. This can be a powerful tool for weakening the state’s case.
Can the police search my car or home without a warrant?
Generally, police need a warrant to search your property. However, there are many exceptions to the warrant requirement. If they conducted a search that violated your Fourth Amendment rights, any evidence they found as a result of that illegal search can be thrown out of court.
What is a “dwelling” under Minnesota law?
A dwelling is defined broadly as a building used as a permanent or temporary residence. This includes houses and apartments, but can also include a tent, a motor home, a houseboat, or even a hotel room. Whether the location qualifies as a dwelling is a key element in a First-Degree Burglary charge.
What is the first step I should take after being charged?
Do not speak to the police or the prosecutor. Anything you say can and will be used against you. Your first and only step should be to contact a criminal defense attorney who handles serious felony cases in Minnesota. The sooner you have a lawyer on your side, the better your chances of a positive outcome.
What does a stay of execution or a stay of imposition mean?
A “stay of execution” means the judge imposes a sentence (e.g., one year in jail) but “stays” or pauses the execution of that sentence while you are on probation. If you violate probation, you can be sent to serve the original sentence. A “stay of imposition” is better; you are placed on probation, and if you complete it successfully, the felony is often reduced to a misdemeanor, and the conviction is not officially entered.
How much does it cost to hire a private burglary defense lawyer?
The cost will vary depending on the complexity of your case. However, you must consider the cost of not hiring a lawyer. A felony conviction can cost you your job, your future earning potential, and your freedom. A private attorney offers dedicated, focused representation. I offer a clear fee structure so you know exactly what to expect.
I have a clean record. Will that help me?
Yes, having a clean record is always helpful. It can be a significant factor during plea negotiations and at sentencing. However, it does not prevent the prosecutor from charging you, nor does it guarantee you will avoid the mandatory minimums or presumptive jail time associated with First-Degree Burglary of a dwelling.
What if I was intoxicated? Is that a defense?
Voluntary intoxication is generally not a complete defense to a crime. However, it can be relevant to whether you were able to form the specific “intent to commit a crime” that is required for a burglary conviction. If you were so intoxicated that you did not know what you were doing or where you were, we can argue that you lacked the necessary mental state for the crime.
The Shadow of a Conviction: How Burglary Follows You Forever
A felony First-Degree Burglary conviction is more than a sentence; it’s a permanent stain on your life. The collateral consequences—the legal penalties and social stigmas that exist outside of fines and jail—can be the most punishing part. They will impact your life long after you have served your time.
Loss of Your Second Amendment Rights
A felony conviction in Minnesota means an automatic, lifetime ban on your right to possess a firearm or ammunition. You will be forced to surrender any guns you own, and you will never be able to legally hunt, engage in shooting sports, or own a firearm for self-defense again. This is not a temporary restriction; it is a permanent loss of a constitutional right.
A Permanent Criminal Record and Employment Barriers
Every time you apply for a job, you will have to check the “felony conviction” box. Most employers conduct background checks, and a First-Degree Burglary conviction will be a major red flag. It can automatically disqualify you from jobs in countless fields, including healthcare, education, finance, and government. You may find yourself limited to low-wage work, regardless of your skills or qualifications. This single conviction could permanently limit your financial future and career aspirations.
Housing and Educational Insecurity
Finding a safe place to live becomes incredibly difficult with a felony record. Landlords routinely run background checks and are often hesitant to rent to someone with a serious conviction like burglary. You and your family could be denied apartment after apartment. Similarly, many federal student aid programs and university admissions applications require disclosure of felony convictions, potentially closing the door on opportunities to advance your education and build a better life.
Immigration Consequences for Non-Citizens
If you are not a United States citizen, a conviction for First-Degree Burglary is considered a “crime of moral turpitude” and an “aggravated felony” under federal immigration law. This can have catastrophic consequences. A conviction will almost certainly lead to deportation proceedings, regardless of how long you have lived in the U.S., whether you have a green card, or if your family members are citizens. You could be permanently barred from ever returning.
Don’t Face the State Alone: Why Your Choice of Attorney is Crucial
The decision you make in the coming days about who will represent you is the most important decision you will make in this entire process. The outcome of your case—and your future—depends on it.
The Advantage of a Dedicated Private Attorney
When you are charged with a serious felony, you are not a priority to the system; you are just another case number. Public defenders are honorable lawyers, but they are often forced to handle hundreds of cases at once. They simply may not have the time or resources to conduct the deep investigation your case requires. As a private criminal defense attorney, my caseload is selective and manageable. This allows me to dedicate the time, energy, and focus necessary to meticulously analyze every piece of evidence, interview every witness, and explore every possible legal angle. You are not just a file on my desk; you are my focus.
Every Second Counts: The Power of Immediate Action
The time between your arrest and your first court date is a critical window. Evidence can disappear, witness memories can fade, and police can continue building their case against you. By hiring an attorney immediately, you put a halt to their momentum. I can intervene early, contact the prosecutor, present your side of the story, and argue for charges to be dropped before they ever gain traction. I can preserve crucial evidence and file motions to protect your rights from the very beginning. Hesitation is your enemy; swift, decisive action is your greatest asset.
Navigating the Local Courts of Minnesota
Every county courthouse in Minnesota has its own unwritten rules, procedures, and personalities. A prosecutor in Hennepin County may approach a case differently than one in St. Louis County or Ramsey County. I have defended clients across this state, from the Twin Cities metro area of Minneapolis and St. Paul to Rochester, Duluth, and beyond. I know the local landscape. I understand the tendencies of the local prosecutors and judges. This familiarity is not something you can learn from a book; it is earned through experience, and it can provide a decisive edge in your defense.
A Strategy Built for Results
My approach is not to simply wait and see what the prosecutor offers. My approach is to prepare for trial from day one. By building a comprehensive, aggressive case as if we are going to fight it out in front of a jury, we operate from a position of strength. This proactive stance often leads to better plea offers, including dismissals or reductions to lesser charges, because the prosecutor knows we are ready and willing to fight. My goal is clear: to achieve the best possible result for you, whether that means a complete dismissal, a favorable negotiation, or a hard-fought victory at trial. Your future is on the line, and you need an attorney who will fight for it as if it were their own.