Charged With Burglary? A Minnesota Lawyer Breaks Down What You’re Facing Under Minn. Stat. § 609.582
The moment you were charged with burglary, your world tilted on its axis. The future you had planned—your career, your family life, your reputation—suddenly feels uncertain, vulnerable, and under attack. You didn’t ask for this. Perhaps it was a misunderstanding, a moment of poor judgment, or you were simply in the wrong place at the wrong time. Now, you’re facing a legal system that can feel impersonal and unforgiving, with prosecutors who are already building a case against you. The weight of a potential felony conviction is crushing, threatening to follow you for the rest of your life. You may be feeling overwhelmed, isolated, and unsure of where to turn.
It’s a terrifying position to be in, but you must understand this: an accusation is not a conviction. The prosecution has a story they want to tell, but it is not the only story. You have rights, and you have options. I am a Minnesota criminal defense attorney who has dedicated my career to defending people just like you against burglary charges across this state. From the urban core of Minneapolis and St. Paul to the suburbs of Bloomington, Eagan, and Plymouth, and in cities like Rochester, Duluth, and St. Cloud, I have stood beside my clients, challenging the prosecution’s narrative and fighting for their futures. I understand the nuances of burglary law and how it is applied in courtrooms from Hennepin and Ramsey counties to every corner of Minnesota. You do not have to face this alone. Together, we will dissect the case against you and build a powerful defense designed to protect your freedom and your future.
What “Burglary” Actually Means in Minnesota
In the eyes of the law, burglary isn’t just about theft. You can be charged with this serious offense even if you didn’t steal a single thing. At its core, a Minnesota burglary charge is about unlawful entry. The prosecutor’s primary goal is to prove that you entered a building without permission with the intent to commit a crime inside. This is a critical point that is often misunderstood. The intended crime doesn’t have to be theft; it could be assault, property damage, or any other criminal act.
This broad definition leads to a wide range of situations that can result in a burglary accusation. You might be facing charges for entering an unlocked garage, a commercial building after hours, or even a friend’s apartment during a heated argument if they claim you no longer had consent to be there. Because the charge hinges on your state of mind—your “intent”—at the time of entry, you can be unfairly charged based on someone else’s interpretation of your actions. This is where a strategic defense becomes paramount. My job is to challenge the prosecution’s assumptions and demonstrate that you did not have the criminal intent required for a conviction.
Minnesota Law on Burglary — Straight from the Statute
The legal foundation for your burglary charge is found in the Minnesota Statutes. Understanding the specific language the state will use against you is the first step in dismantling their case. The primary statute governing burglary is Minn. Stat. § 609.582. This is the playbook the prosecution will use, and the law I will use to defend you.
The statute defines the different degrees of burglary, from the most serious (First Degree) to the least (Fourth Degree). The definitions hinge on several factors, including the type of building, whether someone was present, and if a weapon was involved. Here is the foundational language defining what it means to “enter a building without consent” under Minn. Stat. § 609.581, which is central to any burglary charge:
“Enters a building without consent” means:
(a) to enter a building without the consent of the person in lawful possession;
(b) to enter a building by using artifice, trick, or misrepresentation to obtain consent to enter from the person in lawful possession; or
(c) to remain within a building without the consent of the person in lawful possession.
This language is deceptively simple and leaves significant room for interpretation—room I can use to build your defense.
Breaking Down the Legal Elements of Burglary in Minnesota
For the state to convict you of burglary, the prosecutor must prove several key elements beyond a reasonable doubt. Think of these as boxes they must check. If I can show that even one of these elements is not met, their case against you falls apart. We will scrutinize the evidence—or lack thereof—for each component of their claim.
- Entering a Building Without ConsentThis is the foundational act of a burglary charge. The prosecution must prove that you physically entered a structure without permission from the person who has the legal right to be there. This isn’t always as clear-cut as breaking down a door. You could be accused of entering “without consent” if you walked through an open door, used a key you were no longer supposed to have, or remained in a location after being told to leave. I will rigorously examine the circumstances of your entry. Did you have a legitimate reason to be there? Was consent ever explicitly revoked? Was it a simple misunderstanding? These questions can create the reasonable doubt needed to win.
- Intent to Commit a CrimeThis is often the most contestable element and the weakest point in the prosecution’s case. They must prove that when you entered the building, you did so with the specific intent to commit another crime inside. It’s not enough for them to say you were trespassing. They must prove your state of mind. Were you seeking shelter? Trying to retrieve your own property? Did you enter during a moment of intoxication without any clear purpose? I will work to dismantle the idea that you had a criminal plan, presenting alternative explanations for your presence that are inconsistent with criminal intent.
- The Nature of the Building and Other CircumstancesThe severity of your charge often depends on specific facts that elevate the offense. Was the building a “dwelling” (a place where someone lives, even temporarily)? Was another person present? Did you allegedly possess a weapon or a “burglary tool”? These are not minor details; they are the difference between a lower-level offense and a serious felony with mandatory prison time. I will meticulously challenge every one of these so-called “aggravating factors.” Was the building truly a dwelling? Was the other person an accomplice? Was the object in question actually a weapon? By disputing these facts, we can aim to have the charges significantly reduced or dismissed entirely.
Penalties for a Burglary Conviction in Minnesota Can Be Severe
You need to understand what is at stake. A burglary conviction is not something you can easily put behind you. The consequences are harsh and designed to be a deterrent. The specific penalties you face will depend on the degree of burglary you are charged with, but none should be taken lightly. I will fight to protect you from these life-altering outcomes.
First-Degree Burglary
This is the most serious level of burglary and is always a felony. It carries a maximum sentence of 20 years in prison and a $35,000 fine. You can be charged with first-degree burglary if you enter an occupied dwelling, possess a dangerous weapon, or commit an assault during the act. Critically, if convicted of burglarizing an occupied dwelling, there is a mandatory minimum sentence of six months in jail.
Second-Degree Burglary
Also a felony, a second-degree burglary conviction can result in up to 10 years in prison and a $20,000 fine. This charge often applies if the building was a dwelling (even if unoccupied), a bank, a pharmacy, or a government building. It can also be charged if you possessed “burglary tools” at the time of the alleged offense.
Third-Degree Burglary
This felony charge carries a potential sentence of up to five years in prison and a $10,000 fine. It typically involves entering a building with the intent to commit a felony or gross misdemeanor, or stealing something once inside.
Fourth-Degree Burglary
As a gross misdemeanor, this is the lowest level of burglary. However, it still carries serious penalties, including up to a year in jail and a $3,000 fine. This charge usually applies when the alleged intent was to commit a misdemeanor offense (other than theft).
What Burglary Looks Like in Real Life — Common Scenarios in Minnesota
Burglary charges can arise from a wide variety of situations, many of which are far from the cat-burglar stereotype. You might see your own circumstances reflected in these common Minnesota scenarios.
The Misunderstanding at a Minneapolis Party
Imagine you’re at a party in a Dinkytown apartment in Minneapolis. You have a disagreement with the host and they tell you to get out. You leave the main room but go into a bedroom to find your jacket. The host follows you, an argument ensues, and they call the police. Now, you could be charged with burglary for “remaining within a building without consent” with the alleged “intent” to commit a crime (like assault or theft), even if that was never your intention.
The Bar Fight in Downtown Duluth
A night out with friends in Duluth turns sour. An argument inside a bar escalates, and you’re thrown out by a bouncer. A few minutes later, you re-enter to find your friend who is still inside. The bouncer stops you, and the police are called. You could face burglary charges for entering a public establishment after consent was “expressly withdrawn” with the supposed intent to continue the altercation.
The Protest in Rochester That Goes Wrong
You’re involved in a political protest in downtown Rochester that moves into the lobby of a government building. Security tells everyone to leave, but in the confusion, you are slow to exit. The police begin making arrests, and you are charged with second-degree burglary of a government building. The prosecutor will argue you remained without consent with the intent to disrupt governmental operations.
The Mistaken Entry in a Maple Grove Suburb
On a cold night in Maple Grove, after having too much to drink, you mistake a neighbor’s house for your own. You walk into their unlocked garage, thinking it’s yours, and try to open the interior door. The homeowner hears the noise and calls the police. Despite the obvious mistake and your lack of criminal intent, you could be facing serious felony burglary charges.
Legal Defenses That Might Work Against Your Burglary Charge
When you hire me, my first priority is to build a defense strategy tailored to the specific facts of your case. The prosecution has the burden of proof, and our job is to show that they cannot meet it. We will explore every avenue to challenge their evidence and their narrative. A successful defense is often about demonstrating that the state cannot prove every single element of the crime beyond a reasonable doubt.
There are numerous defense strategies we can employ. The right one for you will depend on the unique circumstances of your situation. I will conduct a thorough investigation, interview witnesses, and scrutinize the police reports and evidence to find the weaknesses in the prosecutor’s case. We will work together to present the strongest possible defense, whether that means negotiating for a dismissal, seeking a favorable plea agreement, or taking your case to trial.
Lack of Criminal Intent
This is one of the most powerful defenses against a burglary charge in Minnesota. The prosecution must prove that you had a specific intent to commit a crime at the moment you entered the building. If we can show that you had a non-criminal reason for being there, the burglary charge cannot stand.
- Mistake of Fact: You genuinely believed you had permission to be there, or you mistook the building for another location (like your own home or a friend’s house). For instance, if you were intoxicated and wandered into the wrong apartment in your Plymouth complex, we can argue you lacked the requisite criminal intent.
- Seeking Emergency Shelter: You entered an abandoned building or an open garage during a blizzard in St. Cloud to escape the life-threatening cold. Your intent was survival, not to commit a crime.
- No Intent to Steal or Harm: Perhaps you entered a property to retrieve your own belongings, which you believed you had a right to do. While this might lead to a lesser charge like trespassing, it is not burglary.
You Had Consent to Enter
A core element of burglary is that your entry was “without consent.” If we can demonstrate that you had permission to be in the building, the charge is invalid. Consent can be a complex issue, and it is not always explicitly written or spoken.
- Implied Consent: Based on your past relationship with the property owner, you had a reasonable belief that you were welcome. For example, you had a history of freely entering your friend’s home in Eagan, and you were not aware that this permission had been revoked.
- Ambiguous Revocation: If consent was withdrawn, was it done so clearly and unambiguously? In the heat of an argument, a statement like “get out of my face” might not be a clear revocation of consent to be in the entire dwelling.
- Public Building: If you entered a building that was open to the public, like a store in Bloomington, the state must prove that consent was personally withdrawn from you before you entered with any alleged criminal intent.
Issues with Law Enforcement and Evidence
Your constitutional rights do not disappear just because you have been accused of a crime. If the police violated your rights during the investigation, we can file motions to suppress the evidence they found. If the evidence is suppressed, the prosecution may have no choice but to dismiss the charges.
- Illegal Search and Seizure: Did the police search your home, car, or person without a valid warrant or probable cause? Any evidence found as a result of an illegal search may be thrown out of court.
- Miranda Violations: Were you interrogated by police while in custody without being read your Miranda rights? If so, any statements you made could be deemed inadmissible.
- Problems with Identification: Eyewitness testimony can be notoriously unreliable. We can challenge the procedures used by police in a photo lineup or show-up to demonstrate that the identification was improperly suggestive.
Misidentification or False Accusation
It is not uncommon for an innocent person to be wrongly accused of burglary. This can happen due to a simple mistake, or it can be the result of a malicious false report from an ex-partner, a disgruntled neighbor, or a co-defendant trying to shift blame.
- Alibi: We can present evidence that you were somewhere else at the time the burglary occurred. This could include receipts, GPS data from your phone, or testimony from credible alibi witnesses.
- Lack of Physical Evidence: The prosecution’s case may be purely circumstantial. A lack of your fingerprints, DNA, or footprints at the scene can be a powerful argument in your favor.
- Motive to Lie: We can investigate the person accusing you to uncover any motive they might have to lie. This could involve a history of disputes, a pending child custody battle, or other conflicts that would cast doubt on their credibility.
Minnesota Burglary FAQs — What You Need to Know Now
Will I go to jail for burglary in Minnesota?
A jail or prison sentence is a very real possibility, especially for felony-level burglary charges. First-degree burglary of an occupied dwelling carries a mandatory minimum of six months in jail. However, an aggressive defense can often lead to reduced charges or alternative sentencing, such as probation, especially for first-time offenders. My goal is always to keep you out of jail.
Can a burglary charge be dismissed in Minnesota?
Yes, getting a burglary charge dismissed is often the primary objective. A dismissal can occur if we can show that there is not enough evidence for the case to proceed, if the police violated your constitutional rights, or if we can successfully negotiate with the prosecutor for a dismissal, sometimes in exchange for completing a diversion program.
Do I need a lawyer for a burglary charge in Minneapolis or St. Paul?
Absolutely. A burglary charge, whether in Minneapolis, St. Paul, or any other Minnesota city, is a serious matter with potentially life-long consequences. The legal system is complex, and prosecutors are skilled at securing convictions. Attempting to navigate this on your own is incredibly risky. An experienced local attorney understands the courts, the prosecutors, and the most effective defense strategies.
How long does a burglary charge stay on my record in Minnesota?
A burglary conviction will stay on your criminal record permanently unless it is expunged. A felony conviction can create significant barriers to employment, housing, and other opportunities for the rest of your life. This is why it is so critical to fight the charge from the very beginning.
What’s the difference between burglary and robbery?
Burglary is an offense against property, specifically the act of unlawfully entering a building with criminal intent. Robbery is a crime against a person and involves taking property from someone by using force or the threat of force. You can have a burglary without a robbery, and a robbery without a burglary.
What if I was intoxicated when the alleged burglary happened?
While voluntary intoxication is generally not a complete defense, it can be used to argue that you were unable to form the specific “intent to commit a crime” that is required for a burglary conviction. This could be a crucial part of your defense strategy, potentially leading to reduced or dismissed charges.
I was just trying to get my own stuff back. Is that still burglary?
This is a common and complicated scenario. Even if the property is yours, entering someone else’s dwelling without their permission to retrieve it can still lead to a burglary charge. The prosecution will argue that you entered with the intent to commit theft (by taking the property back). However, we can argue that you had a “claim of right” to the property, which could negate the criminal intent.
Can I be charged with burglary if nothing was stolen?
Yes. The crime of burglary is complete the moment you enter a building without consent and with the intent to commit a crime. The intended crime does not have to be completed. This is a key reason why you need a strong defense focused on the element of intent.
What are “burglary tools”?
Under Minnesota law, possessing a tool with the intent to use it to gain access to money or property during a burglary can elevate the charge to second-degree burglary. This can include anything from a crowbar or a lock pick to a screwdriver or a hammer, depending on the circumstances.
What if the door was unlocked?
An unlocked door does not give you legal permission to enter. The prosecution can still charge you with burglary if you entered without the owner’s consent and with criminal intent. However, the fact that the door was unlocked can sometimes be used to support a defense of mistake or lack of intent.
The police want to talk to me. What should I do?
You should politely decline to answer any questions and state clearly, “I want to speak with a lawyer.” You have the right to remain silent, and you should exercise it. Anything you say can be used against you, even if you are trying to be helpful or explain your innocence.
How can a private lawyer help me more than a public defender?
While public defenders are often dedicated lawyers, they typically handle an enormous caseload, which can limit the amount of time and resources they can devote to any single case. As your private attorney, I will have the time to conduct a thorough investigation, file aggressive pre-trial motions, and give your case the personal attention it deserves.
What happens at the first court appearance?
Your first court appearance is usually an arraignment. The charges against you will be read, and you will be asked to enter a plea (we will almost always enter a plea of “not guilty” at this stage). The judge will also set bail and conditions of release. It is crucial to have an attorney with you at this first appearance to protect your rights.
Can a burglary conviction affect my immigration status?
Yes. For non-citizens, a burglary conviction can have devastating immigration consequences, including deportation, especially if it is classified as a “crime involving moral turpitude” or an “aggravated felony” under federal immigration law. It is vital to have a criminal defense attorney who understands these risks.
Is it possible to get my burglary charge reduced to a lesser offense?
Yes, this is a common and often favorable outcome. Through negotiation with the prosecutor, it may be possible to have a felony burglary charge reduced to a gross misdemeanor or misdemeanor, such as trespassing. This can help you avoid a felony conviction and its most severe consequences.
What a Burglary Conviction Could Mean for the Rest of Your Life
The sentence handed down by the judge is only the beginning. A burglary conviction, especially a felony, carries a host of “collateral consequences” that can impact nearly every aspect of your life long after you have paid your debt to society. You need to fight now to prevent this from becoming your reality.
Your Right to Own a Firearm
In Minnesota, a felony burglary conviction will result in a lifetime ban on your right to possess a firearm. This is not a temporary suspension; it is a permanent loss of a constitutional right. Even a gross misdemeanor conviction can lead to a multi-year ban. For those who hunt, engage in sport shooting, or simply want to protect their homes, this consequence is devastating.
Your Criminal Record and Future Employment
In today’s competitive job market, most employers conduct background checks. A felony burglary conviction on your record can be an automatic disqualifier for many jobs, particularly those in fields that require a professional license, work with vulnerable populations, or handle finances. It can prevent you from advancing in your career or even getting your foot in the door.
Loss of Housing and Educational Opportunities
Landlords also run background checks, and a burglary conviction can make it extremely difficult to find safe and affordable housing. Many apartment complexes have policies that automatically deny applicants with felony records. Similarly, some colleges and universities may deny admission or financial aid to students with a criminal history, closing the door on your educational goals.
Immigration Consequences
For non-U.S. citizens, the stakes are even higher. A burglary conviction can be considered a deportable offense under federal immigration law. This means that even if you are a lawful permanent resident (a green card holder), you could be placed in removal proceedings and forced to leave the country, away from your family and the life you have built here.
Why You Need a Tough, Experienced Minnesota Burglary Attorney
When you are facing the full force of the government, with a prosecutor dedicated to convicting you, you cannot afford to go it alone. You need a dedicated advocate in your corner, someone who will fight for you at every turn.
The Advantage of a Private Lawyer
As your private criminal defense attorney, I am accountable only to you. Unlike an overworked public defender juggling hundreds of cases, I have the time and resources to dedicate to your defense. I will personally handle every aspect of your case, from the initial investigation to pretrial motions and, if necessary, the trial itself. You will have direct access to me, and your case will get the focus and strategic planning it deserves.
How Fast Action Can Change the Outcome
The time immediately following an arrest or charge is critical. Evidence can be lost, witnesses’ memories can fade, and the prosecution is already building its case. The sooner you hire an attorney, the sooner I can get to work. I can intervene early, sometimes even before formal charges are filed, to present your side of the story to the prosecutor and potentially prevent the case from ever going to court. Quick action is key to a successful defense.
Understanding the Local Court Systems Across Minnesota
Every county and city in Minnesota has its own way of doing things. The prosecutors in Hennepin County may have different priorities and tendencies than those in Ramsey, St. Louis, or Olmsted counties. I have experience in courtrooms across the state, from major metropolitan areas like Minneapolis, St. Paul, and Rochester to smaller jurisdictions. I understand the local legal landscape, and I will use that knowledge to your advantage.
Building a Case That Gets Results
My approach is proactive and aggressive. I don’t wait to see what the prosecution does; I start building your defense from day one. This means conducting my own investigation, challenging the legality of the state’s evidence, and preparing for trial as if it is a certainty. This level of preparation often leads to the best results, whether that is a full dismissal of the charges, a not-guilty verdict at trial, or a favorable plea agreement that protects your future. Your freedom is my priority. Let’s fight for it together.