A Minnesota Criminal Defense Lawyer Breaks Down the Charges, Penalties, and Your Path Forward
You didn’t plan to end up here. One minute, you were in the wrong place at the wrong time, and the next, your entire world has been turned upside down by a Minnesota burglary charge. The weight of this accusation is crushing. You’re likely scared, confused, and overwhelmed by a legal system that feels designed to chew you up and spit you out. Your mind is racing with questions: What does this charge actually mean? Am I going to prison? How can I protect my family, my job, and my future from being destroyed by this?
Perhaps the situation was a complete misunderstanding—you thought you had permission to be there, or you walked into an unlocked garage to retrieve something you thought was yours. Maybe you were with the wrong crowd and got swept up in something you wanted no part of. The prosecution will try to paint a simple, black-and-white picture of a criminal act, but I know the truth is almost always shaded in gray. You are presumed innocent, and your side of the story deserves to be heard, investigated, and aggressively defended.
You do not have to face this fight alone. As a Minnesota criminal defense attorney, my entire career is dedicated to standing up for people just like you. I’ve fought for clients in courtrooms across the state, from the major metro hubs of Minneapolis and St. Paul to the communities of Rochester, Duluth, St. Cloud, and the suburbs of Plymouth and Maple Grove. I understand the complexities of Minnesota’s burglary laws, and I know how prosecutors work to secure convictions. Together, we will dissect their case, challenge their evidence, and build a powerful defense strategy aimed at achieving the best possible outcome for you. Your future is on the line, and the fight to protect it starts right now.
The Anatomy of a Burglary Charge: What It Actually Means in Minnesota
In Minnesota, the crime of burglary is far more complex than the common image of a masked figure breaking into a home at night to steal jewels. At its core, burglary is about unlawfully entering a building with the intent to commit a crime inside. The “breaking and entering” you see in movies isn’t always required; simply walking through an unlocked door without permission is enough. Furthermore, the crime you intend to commit doesn’t have to be theft. It could be assault, property damage, or any other criminal act.
This broad definition leads to many situations being charged as burglary that might surprise you. For example, returning to a store like the Mall of America in Bloomington after being formally trespassed and then stealing an item can be charged as Third-Degree Burglary. Entering an ex-partner’s garage in a suburb like Eagan or Brooklyn Park to retrieve your belongings without their consent could lead to charges. The severity of the charge—from a serious felony to a gross misdemeanor—depends on a specific set of circumstances, such as whether the building was a home, if someone was present, or if you possessed a weapon. Facing a Minnesota burglary accusation means the state believes it can prove you entered a structure without consent with a criminal purpose in mind.
Minnesota Law on Burglary — Straight from the Statute
The legal framework for the charge you’re facing is laid out in Minnesota’s laws. Understanding the precise language the state will use against you is the first step in deconstructing their case. Every word and every clause provides an opportunity for a skilled defense.
The primary law is Minnesota Statute § 609.582, BURGLARY. The statute is broken down into four degrees. The most serious, Burglary in the First Degree, is defined as follows:
Subdivision 1. Burglary in the first degree. Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent and commits a crime while in the building, either directly or as an accomplice, commits burglary in the first degree and may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both, 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;
(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.
Breaking Down the Legal Elements of Burglary in Minnesota
For the prosecution to convict you of any degree of burglary, they must prove several core elements beyond a reasonable doubt. If they fail on any one of these, their case falls apart. Our defense strategy will be to attack the weak points in the state’s evidence for each of these crucial components.
- Enters a Building This element seems simple, but it has specific legal meaning. “Entering” can mean your entire body or even just a part of your body crossing the threshold of the structure. A “building” is broadly defined to include any structure suitable for human shelter, such as a house, apartment, garage, business, shed, or even a tent or vehicle used for lodging. The prosecution must present clear evidence that you, or a tool you were using, physically crossed the plane of the building’s exterior without permission. We can challenge this element if the evidence of entry is weak or ambiguous.
- Without Consent This is a critical element. Consent means you had permission from the owner or a resident to enter the building. If you had consent, or if you had a reasonable belief that you had consent, it is a complete defense. Consent can be withdrawn, however. For example, if you are formally trespassed from a store, you no longer have consent to enter, even during business hours. We will scrutinize the facts to determine if you truly lacked permission or if the situation was a misunderstanding about your right to be there.
- With Intent to Commit a Crime This is the “guilty mind” or mens rea element, and it is often the most difficult for the state to prove. The prosecutor must show that at the moment you entered, you had the specific intent to commit a crime inside. They can’t just prove you formed the intent after you were already inside (unless the charge is based on committing a crime while inside). They will use circumstantial evidence to prove your intent, but this is highly subjective. We will fight this by offering alternative, innocent explanations for your presence and challenging the state’s assumptions about your state of mind.
The Sentence You’re Facing: A Breakdown of Minnesota Burglary Penalties
A burglary conviction in Minnesota carries some of the most severe penalties in the criminal justice system, ranging from decades in prison for the most serious offenses to significant jail time and fines for lower-level charges. The penalties are tiered based on the specific “aggravating factors” present in your case. Understanding what you are up against is critical.
First-Degree Burglary
This is the most serious level, carrying a sentence of up to 20 years in prison and a $35,000 fine. It is charged when the burglary involves an occupied dwelling, the possession of a dangerous weapon, or an assault. Importantly, if you are convicted of burglarizing an occupied dwelling, there is a mandatory minimum sentence of six months in jail or prison.
Second-Degree Burglary
This felony carries a sentence of up to 10 years in prison and a $20,000 fine. It is typically charged when the burglary involves a dwelling (even if unoccupied), a bank, a pharmacy, a government building, a church, or when you possess a “burglary tool” (like a crowbar or slim jim) during the offense.
Third-Degree Burglary
This is also a felony, punishable by up to five years in prison and a $10,000 fine. It is a common charge that applies when someone enters a building without consent with the intent to steal or commit any felony or gross misdemeanor. This is often the charge used for non-residential, commercial burglaries.
Fourth-Degree Burglary
This is a gross misdemeanor, carrying a sentence of up to 364 days in jail and a $3,000 fine. It is charged when a person enters a building without consent with the intent to commit a misdemeanor (other than theft). For example, entering a building to commit misdemeanor property damage could lead to this charge.
When a Mistake Becomes a Felony: Common Burglary Scenarios in Minnesota
Burglary charges can arise from a wide array of situations, many of which start as poor decisions or misunderstandings that quickly spiral into serious criminal allegations. The line between trespass and burglary is your intent, and prosecutors are often quick to assume the worst.
The Domestic Dispute in a Minneapolis Suburb
You and your ex-partner have recently separated. You go to your former shared home in a suburb like Edina or Eden Prairie to pick up your belongings. The door is locked, and your ex isn’t answering. Frustrated, you use an old key or find an unlocked window to get inside. While there, a heated argument erupts, and you push your ex. Police arrive and could charge you with First-Degree Burglary because you entered a dwelling without consent (your consent ended when you moved out) and committed an assault inside.
The College Prank in St. Cloud
You are a college student in St. Cloud, and as a prank, you and your friends decide to sneak into a rival dormitory. You don’t intend to steal anything, just to move some furniture around as a joke. You find an open door and go inside. If you are caught, you could be charged with Fourth-Degree Burglary, as you entered a building without consent with the intent to commit a misdemeanor (in this case, trespass or disorderly conduct). What seemed like a harmless prank has become a criminal offense.
Shoplifting Escalates in a Rochester Retail Store
You have a prior shoplifting conviction and were previously given a trespass notice, banning you from a large retail store in Rochester for one year. A few months later, you enter the store again and attempt to steal a cart full of merchandise. Because you entered the building without consent (due to the trespass notice) with the intent to steal, and you have a prior related conviction, you could be charged with felony Third-Degree Burglary instead of simple theft.
A Construction Site in Duluth
You see a new housing development under construction on a hillside in Duluth. Believing the site is empty, you enter one of the unfinished homes to look around and maybe grab some scrap copper wiring you see inside. You have a crowbar in your car’s toolbox. If caught, you could face Second-Degree Burglary charges. The building, even if unfinished, is considered a dwelling, and possession of a “tool to gain access to money or property” (the crowbar) elevates the charge to a serious felony.
Your Fight Starts Here: Building a Powerful Defense Against Burglary Charges
Facing a burglary charge can feel hopeless, but an accusation is not a conviction. The prosecution has the entire burden to prove its case, and a thorough, aggressive defense can dismantle their arguments piece by piece. My first step is always to launch an independent investigation into the facts of your case. I will not simply accept the police report at face value. I will analyze the evidence, find the inconsistencies, question the witnesses, and identify the constitutional violations that can be used to your advantage.
A successful defense is proactive. We don’t just sit back and react to the prosecutor’s moves; we build our own narrative. We challenge the state’s evidence on intent, consent, and identity. We file motions to suppress evidence that was obtained illegally. We present the jury with a compelling reason to find reasonable doubt. A Minnesota burglary charge is a serious threat to your freedom, and fighting back with every available legal tool is not just an option—it’s a necessity. Below are some of the key defense strategies we may be able to use in your case.
Lack of Intent
The prosecutor must prove you had the specific intent to commit a crime at the moment of entry. This is a subjective element and often the weakest part of their case.
- Innocent Reason for Entry: We can argue you had a legitimate, non-criminal reason for entering the building. For example, you may have been seeking shelter from extreme weather, looking for help in an emergency, or you were intoxicated and mistakenly entered the wrong house, believing it was your own.
- Intent Formed After Entry: The law requires intent at the time of entry. If you entered for an innocent reason and only later decided to commit a crime (like theft), the elements of burglary may not be met. While you could still be charged with the underlying crime, we can argue for the much more serious burglary charge to be dismissed.
Consent to Enter
If you had permission to enter the building, or a reasonable basis to believe you had permission, you cannot be guilty of burglary.
- Actual or Implied Consent: You may have had explicit permission from an owner or resident. Or, you may have had implied consent based on a past relationship or circumstances. For example, if a friend has always let you enter their garage to borrow tools, you may have a reasonable belief that you have ongoing consent.
- Public Building: If the building was open to the public, like a retail store during business hours, you had consent to enter. While a store can revoke that consent by issuing a trespass notice, we will challenge whether you ever actually received that notice and understood its meaning.
Misidentification or Alibi
The state must prove, beyond a reasonable doubt, that it was you who entered the building. Eyewitness identification is notoriously unreliable, especially in low-light conditions.
- Unreliable Eyewitness: We will challenge the credibility of any witness who claims to have seen you. Was their view obstructed? Were they biased against you? Did the police use a suggestive photo lineup? We can work to show the jury that the identification is too flawed to be trusted.
- Solid Alibi: If you were somewhere else at the time of the alleged burglary, we will gather the evidence to prove it. This could include cell phone location data, receipts, security camera footage from another location, or testimony from credible alibi witnesses who can account for your whereabouts.
Constitutional Violations
Police and investigators must follow strict constitutional rules when gathering evidence. If they violate your rights, we can have the evidence they found thrown out of court.
- Illegal Search and Seizure: If law enforcement searched your home, car, or person without a valid warrant or the necessary probable cause, any evidence they found—such as stolen property or alleged burglary tools—can be suppressed. This can cripple the prosecution’s case.
- Miranda Rights Violation: If you were interrogated by police while in custody without being properly read your Miranda rights, any confession or incriminating statement you made is inadmissible. We will scrutinize every detail of your interactions with police to identify these violations.
Minnesota Burglary FAQs — What You Need to Know Now
What is the difference between Burglary and Robbery?
Burglary is entering a building without consent with intent to commit a crime. It is a property crime. Robbery is taking property from a person by using force or the threat of force. It is a violent crime against a person.
Will I go to jail for a First-Degree Burglary charge in Minnesota?
There is a mandatory minimum sentence of six months in jail or prison for Burglary of an Occupied Dwelling. This makes it critical to fight the charge aggressively, as a conviction guarantees jail time. An effective defense is your only hope of avoiding this mandatory sentence.
Can a burglary charge be dismissed?
Yes. Dismissal is always the primary objective. A case can be dismissed for insufficient evidence, if the police violated your constitutional rights, or through negotiation with the prosecutor for a resolution like a continuance for dismissal, which results in no conviction.
Do I need a lawyer if it was just a misunderstanding?
Absolutely. A “misunderstanding” is not a legal defense on its own. You need an experienced attorney to frame that misunderstanding into a powerful legal argument, such as lack of intent or consent, that a judge and prosecutor will recognize. Do not try to explain it to them on your own.
What if I didn’t steal anything?
Burglary does not require a completed theft. The crime is the unlawful entry with the intent to commit a crime. If the state can convince a jury you intended to steal something, you can be convicted even if you were caught before you took anything.
What if the door was unlocked?
An unlocked door does not matter. The legal element is entering “without consent,” not “by force.” Walking through an open or unlocked door is the same as breaking a window if you do not have permission to be there.
Can I be charged if I was just the lookout?
Yes. Under Minnesota law, you can be charged as an accomplice. If you aid, advise, or conspire with someone else to commit a burglary, you are just as guilty as the person who physically entered the building.
Is shoplifting considered burglary?
It can be. If you enter a store with the intent to steal, that technically meets the definition. More commonly, a person who has been formally trespassed (banned) from a store and then re-enters to steal will be charged with Third-Degree Burglary.
What counts as a “dangerous weapon” for a First-Degree charge?
A dangerous weapon can be a firearm (loaded or unloaded), a knife, or any other object that is used or intended to be used in a way that could cause death or great bodily harm. Even a fake gun or a benign object used to threaten someone can qualify.
What is a “burglary tool” for a Second-Degree charge?
This is any tool that you possess with the intent to use it to gain access to money or property. Common examples include crowbars, slim jims, lock picks, or screwdrivers. The state must prove you intended to use the tool for the burglary, not just that you happened to have it with you.
What happens first after being charged with felony burglary?
You will have a First Appearance (often called a Rule 8 hearing) where the judge will read the charges, address your rights, and set conditions of release, including bail. It is crucial to have an attorney at this hearing to argue for your release on the least restrictive conditions possible.
How long does a burglary conviction stay on my record?
A felony burglary conviction is a permanent part of your criminal record unless you can get it expunged. Expungement is a separate, lengthy legal process that is never guaranteed. The best path is always to prevent the conviction in the first place.
Can a burglary conviction affect my immigration status?
Yes, absolutely. For a non-citizen, a burglary conviction is often considered a “crime of moral turpitude” or an “aggravated felony” under immigration law. This can lead to mandatory deportation, denial of citizenship, and being barred from re-entering the U.S.
What if I was intoxicated?
Voluntary intoxication is generally not a complete defense. However, we may be able to argue that you were so intoxicated that you were unable to form the specific “intent to commit a crime,” which is a required element that the prosecution must prove.
Should I talk to the police or investigators?
No. You should never speak to law enforcement about the facts of your case without an attorney present. They are not on your side. Their job is to build a case against you. Politely invoke your right to remain silent and your right to an attorney.
What a Burglary Conviction Could Mean for the Rest of Your Life
A felony burglary conviction is a permanent brand that can destroy your future. The consequences go far beyond prison walls and court-ordered fines, creating a lifetime of closed doors and lost opportunities.
Permanent Loss of Firearm Rights
A felony conviction in Minnesota will result in a lifetime ban on your right to own, possess, or use a firearm or ammunition. This is not temporary. For those who hunt, engage in sport shooting, or simply believe in their Second Amendment right to self-defense, this is a devastating and permanent loss of a fundamental freedom.
A Lifelong Barrier to Your Career
Virtually every job application today asks about felony convictions, and almost all employers run background checks. A burglary conviction signals dishonesty and untrustworthiness, making it nearly impossible to find employment in many fields, especially those requiring professional licenses, security clearances, or handling of money. You will be forced to explain your worst mistake for the rest of your working life.
The End of Housing and Educational Opportunities
Just like employers, landlords run background checks. A felony conviction, especially for a crime like burglary, will lead to automatic denials of rental applications. Finding safe, stable housing for yourself and your family will become a constant struggle. Furthermore, a felony can bar you from being admitted to many colleges and universities and can make you ineligible for federal student aid, slamming the door on your educational goals.
Devastating Immigration Consequences
If you are not a U.S. citizen, a burglary conviction is a virtual death sentence for your life in this country. It is considered an aggravated felony under immigration law, which triggers mandatory deportation, regardless of how long you have lived here, whether you have a family, or the life you have built. There is almost no waiver or relief available.
Why You Need a Tough, Experienced Minnesota Burglary Attorney
When your freedom, your future, and your family’s well-being are on the line, you cannot afford to take chances. You need a dedicated, aggressive advocate who has the skill and determination to fight the state and win.
The Advantage of a Focused Private Lawyer
Public defenders are often noble lawyers, but they are swamped with hundreds of cases. They simply lack the time and resources to give your case the detailed investigation and personal attention it needs to succeed. As a private attorney, I deliberately limit my caseload so I can dedicate myself fully to your defense. You are not a file number to me. You are a person whose future is at stake, and I will be the one answering your calls, developing your strategy, and fighting for you in court.
How Immediate Action Can Define the Outcome
The most critical phase of a criminal case is the very beginning. By getting involved immediately after an arrest, I can get ahead of the investigation. We can preserve evidence, interview witnesses before their memories fade, and identify weaknesses in the prosecutor’s case before it gains momentum. I can often negotiate directly with the prosecutor to get charges reduced or even prevent them from being filed in the first place. Taking swift, decisive action can change the entire trajectory of your case.
A Deep Understanding of Local Courts Across Minnesota
I have defended clients against burglary charges in courtrooms throughout Minnesota, from the urban centers of Hennepin and Ramsey counties to the greater Minnesota communities of Rochester, Duluth, and St. Cloud. I know the local players—the judges and the prosecutors. I understand their tendencies, what arguments they find persuasive, and how to navigate their specific court procedures. This local knowledge is a powerful strategic advantage that I will use to protect you.
A Commitment to Building a Winning Case
My philosophy is simple: prepare every single case for trial. This rigorous preparation process means we explore every angle, challenge every piece of evidence, and build the strongest possible defense. This approach frequently convinces prosecutors to offer significantly better plea deals because they know they are in for a serious fight. Whether the best outcome is a dismissal, a favorable negotiation, or a not-guilty verdict from a jury, my entire focus is on achieving that result for you. I will fight for your future as if it were my own.