A Minnesota Criminal Defense Lawyer Explains Statute § 609.615 and Your Options
You didn’t plan to end up here. You are likely in a tough financial spot, possibly facing the stress and uncertainty of a foreclosure, a mechanic’s lien dispute, or a contract for deed that has gone sour. In a moment of anger, desperation, or perhaps simple misunderstanding, you removed something from the property—appliances, copper pipes, maybe custom cabinetry you felt was rightfully yours. Now, you’ve been accused of a crime you’ve probably never even heard of: Defeating Security on Realty. A bank or lender is claiming you intentionally damaged the property to hurt its value, and they’ve brought the full weight of the criminal justice system down on you.
This is a serious and confusing charge that lives at the intersection of financial distress and criminal law. It’s not just a civil dispute with your lender; it’s a criminal offense that can be charged as a misdemeanor or even a felony in Minnesota. A conviction carries the threat of jail or prison time, significant fines, and a permanent criminal record that can follow you for the rest of your life. You might feel the charge is deeply unfair—that you were only taking what belonged to you, or that the property’s value wasn’t truly affected. You may feel that the bank is just trying to kick you while you’re down.
You do not have to let a powerful lending institution dictate your future. You don’t have to face this alone. As a criminal defense attorney who has represented clients throughout Minnesota—from homeowners in Minneapolis, St. Paul, and the surrounding suburbs like Eagan and Plymouth, to property owners in Rochester, Duluth, and St. Cloud—I understand the immense pressure you are under. I know how to challenge these accusations and fight back against lenders who use the criminal courts to resolve financial disputes. I am here to help you understand your rights, build a powerful defense, and protect you from the devastating consequences of a conviction.
What “Defeating Security on Realty” Actually Means in Minnesota
At its core, Defeating Security on Realty is the crime of intentionally removing or damaging real property that has a mortgage, mechanic’s lien, or contract for deed against it, with the specific goal of lowering its value. The “security” the law refers to is the lender’s or lienholder’s financial interest in the property. They provided a loan or services based on the property’s value, and the law protects that value from being intentionally harmed by the owner. This law applies not just while the loan is active, but also during the foreclosure redemption period.
The key to any “Minnesota Defeating Security on Realty” charge is proving your state of mind. It’s not illegal to remove personal property, but it becomes a crime when you remove fixtures—things attached to the home like furnaces, water heaters, or built-in shelving—with the intent to “impair the value” of the collateral for the lender. People “facing a Defeating Security on Realty accusation” are often homeowners in foreclosure who, out of frustration, strip the home of valuable components before the bank takes possession. Prosecutors in counties across Minnesota will argue this was a malicious act to get back at the bank, an act that the law makes criminal.
Minnesota Law on Defeating Security on Realty — Straight from the Statute
The specific law that criminalizes this act is designed to give lenders and lienholders legal recourse when someone intentionally harms the value of the property securing a debt. When you are charged, the prosecutor is alleging your actions specifically violated this statute. The controlling law is Minnesota Statute § 609.615.
Here is the exact language from the statute that defines the crime:
609.615 DEFEATING SECURITY ON REALTY.
Whoever removes or damages real property which is subject to a mortgage, mechanic’s lien, or contract for deed, including during the period of time allowed for redemption, with intent to impair the value of the property, without the consent of the security holder, may be sentenced as follows…
Breaking Down the Legal Elements of the Crime in Minnesota
To convict you of Defeating Security on Realty, a prosecutor must prove several distinct elements against you beyond a reasonable doubt. This is a high legal standard. It isn’t enough for the bank to simply claim things are missing. The state must prove what you did, what you were thinking when you did it, and that you didn’t have permission. Each of these elements is a potential weak point in the prosecution’s case that a skilled attorney can attack.
- A Valid Security Interest: The prosecutor must first prove that the property was legally subject to a mortgage, mechanic’s lien, or contract for deed at the time of the alleged act. This means showing there was a valid, enforceable security instrument held by the bank, lender, or contractor. If the lien was invalid or the mortgage was not properly recorded, this element of the crime could fail, providing a strong defense from the outset.
- Act of Removing or Damaging: The state must provide evidence that you were the one who physically removed or damaged the real property. This involves more than just showing something is missing; they need to connect you to the act. The key here is the distinction between “real property” (fixtures attached to the home) and “personal property” (freestanding items). Removing a refrigerator you own is not a crime, but removing a built-in oven or ripping out plumbing very well could be.
- Intent to Impair Value: This is the most critical and often the most difficult element for the state to prove. The prosecutor must show that your specific purpose was to lower the property’s value from the perspective of the security holder. If you removed fixtures because you believed they were yours and you had a right to take them, or if you were performing a renovation and removed items with the intent to replace them, you may have lacked the required criminal intent to harm the lender’s investment.
- Without Consent: The state must also prove that you acted without the permission of the security holder (the bank, lender, or lienholder). In some rare situations, a lender might give consent for certain items to be removed, especially during a renovation or remodel financed by a new loan. If you had any form of consent, or even a reasonable belief that you had consent, this would serve as a complete defense to the charge.
Penalties for a Conviction in Minnesota Can Be Severe
Do not make the mistake of thinking this is just a financial dispute. Minnesota law enforces Defeating Security on Realty with serious criminal penalties that are tiered based on the amount of financial harm the state claims you caused. A conviction can lead to jail or prison and a criminal record that creates lifelong barriers. Understanding the potential “penalties for Defeating Security on Realty in Minnesota” is crucial as you decide how to confront your charges.
Felony Defeating Security on Realty
If the value of the property is impaired by more than $300, the crime is a felony. This threshold is incredibly low and easy for a prosecutor to meet, as removing even a single major appliance can qualify. The “Minnesota sentencing for Defeating Security on Realty” at the felony level is severe:
- Up to 5 years in prison.
- A fine of up to $10,000.
- A permanent felony conviction on your record.
Misdemeanor Defeating Security on Realty
If the value of the property is impaired by $300 or less, the charge is a misdemeanor. While less severe than a felony, a misdemeanor is still a criminal conviction with lasting consequences. The penalties include:
- Up to 90 days in jail.
- A fine of up to $1,000.
What This Looks Like in Real Life — Common Scenarios in Minnesota
Charges for Defeating Security on Realty almost always arise from situations of intense financial and emotional stress. They don’t typically involve career criminals, but rather ordinary people pushed to their limits by foreclosure, business failure, or contentious property disputes. Your own story might echo in these common scenarios from across Minnesota.
These real-world examples show how quickly a financial problem can escalate into a criminal one. The line between what feels morally right and what is legally permissible is often blurred, and that is the space where a powerful legal defense is built.
The Foreclosure Frustration in a St. Paul Suburb
You and your family have lost a painful foreclosure battle over your home in a suburb like Woodbury or Maplewood. You are angry and feel the bank has been unfair. Before the sheriff’s sale, you remove the new high-end kitchen appliances, custom light fixtures, and the copper plumbing, believing you paid for them and should get to keep them. The bank takes possession, discovers the stripped house, and immediately files a police report. You are charged with felony Defeating Security on Realty for intentionally impairing the property’s value.
The Commercial Property Dispute in Duluth
You own a small business in Duluth operating out of a commercial property you mortgaged. When the business fails, you decide to close up shop. You remove essential, built-in equipment, industrial shelving, and HVAC units that were included as collateral in the commercial mortgage agreement. The lender initiates foreclosure, finds the property gutted, and pursues criminal charges against you for damaging their security interest in the property, complicating your bankruptcy and personal finances.
The Contract for Deed Misunderstanding in Rural Minnesota
You purchased a property in a rural area near Rochester on a contract for deed. After several years of payments, you fall behind, and the seller cancels the contract. Believing the thousands of dollars you paid entitle you to something, you remove the furnace and water heater you personally installed and maintained. The seller, who is also the security holder, reports the removal to the Olmsted County Sheriff, and you are charged with a felony for impairing the property’s value without their consent.
The Mechanic’s Lien Retaliation in Minneapolis
You hired a contractor to do a major renovation on your Minneapolis home, but a dispute arose over the quality of the work and the final bill. The contractor filed a mechanic’s lien against your property. Angry and feeling cheated, you undo some of their work, removing newly installed cabinets and countertops before they can get a court order to foreclose on the lien. The contractor reports this to the police as an attempt to defeat their security interest, and you are criminally charged.
Legal Defenses That Might Work Against Your Charge
An accusation of Defeating Security on Realty is not a conviction. You are presumed innocent, and the state carries the entire burden of proving its case. A determined and knowledgeable defense attorney can fight back by challenging the state’s evidence on the facts and the law. There are strong legal defenses that can lead to a dismissal of the charges, a reduction to a lesser offense, or a not-guilty verdict at trial.
Your defense begins by pushing back against the idea that you are a criminal. These are complex cases that often feel more like civil disputes that have wrongly spilled into criminal court. The best “defenses to Defeating Security on Realty in Minnesota” often focus on dismantling the prosecutor’s ability to prove your criminal intent. You should never try to explain yourself to the police or the lender’s attorneys. Instead, let me build a powerful defense designed to protect your freedom and your future.
You Lacked the Intent to Impair Value
This is the most powerful defense, as it goes to the heart of your state of mind. The prosecutor must prove, beyond a reasonable doubt, that your specific goal was to harm the lender’s financial position. If you had a different, non-criminal reason for your actions, the charge cannot stand.
- Claim of Right: You had a good-faith belief that the property you removed was your personal property, not a fixture belonging to the real estate. For example, you believed the appliances you bought and installed were yours to take when you left, regardless of the foreclosure.
- No Intent to Harm: You removed items as part of a planned renovation or repair, with the full intention of replacing them with items of equal or greater value. This shows your goal was to improve the property, not impair its value for the lender.
You Had Consent from the Security Holder
The statute is clear that the act is only a crime if it is done “without the consent of the security holder.” If you had permission, or even a reasonable basis to believe you had permission, you are not guilty.
- Express or Implied Consent: The lender, bank, or lienholder gave you permission to remove the items. This could be part of a “cash for keys” agreement where you agree to leave the property in a certain condition, or it could be implied from conversations about remodeling or repairs.
- Ambiguous Communication: Your communications with the bank were unclear, leading you to reasonably believe you had permission to remove certain items. If the bank’s instructions were vague, your interpretation of them can be a strong defense.
The State Cannot Prove the Impairment Value
The difference between a misdemeanor and a life-altering felony conviction is only $300. We can aggressively challenge the state’s valuation of the alleged damage or removal to fight for a reduction or dismissal of the charges.
- Contesting the Valuation: The bank or prosecutor is using an inflated value for the removed items, such as the cost of brand-new replacements rather than the depreciated value of the old items. We can hire our own appraiser to provide a more realistic, lower valuation.
- No Actual Impairment: We can argue that the removal of certain items did not actually impair the property’s overall value from a lender’s perspective, especially if the items were old, in disrepair, or needed to be replaced anyway.
You Were Not the Person Responsible for the Damage
In some cases, especially with abandoned or foreclosed properties, the state may have a difficult time proving who actually removed or damaged the property. The prosecution cannot convict you based on mere suspicion.
- Third-Party Actor: The property may have been broken into and vandalized or stripped by unknown third parties after you vacated the premises. Squatters or scrappers often target vacant homes, and the damage may have been done by them, not you.
- Insufficient Evidence: The state’s evidence connecting you to the removal is purely circumstantial. There are no witnesses, no surveillance video, and no admissions. Simply being the former owner is not enough to prove you were the one who caused the damage.
Minnesota Defeating Security on Realty FAQs — What You Need to Know Now
Will I go to jail for Defeating Security on Realty in Minnesota?
If convicted of a felony, you could face up to five years in prison. While not every conviction results in prison time, judges take this crime seriously, especially in cases of significant, malicious damage. A strong defense is critical to protecting your liberty and avoiding incarceration.
Can this charge be dismissed?
Yes, and achieving a dismissal is always my primary objective. By challenging the prosecutor’s evidence on intent, valuation, or consent, it is often possible to get these charges dismissed. Many of these cases are weak and are filed to pressure homeowners; we can push back and expose those weaknesses.
Do I need a lawyer for this charge in a city like Bloomington?
Absolutely. This is a complex charge that combines elements of real estate law and criminal defense. The prosecutor in Hennepin County will be aggressive. You need an attorney who understands both worlds and can effectively negotiate with prosecutors and, if necessary, argue your case to a jury.
How long does a felony conviction for this stay on my record?
A felony conviction is a permanent mark on your criminal record in Minnesota unless you are able to obtain an expungement, which is a separate, difficult legal process. This record can impact your life for decades, which is why fighting the charge now is so important.
What is the difference between personal property and real property (fixtures)?
This is a critical distinction. Personal property is freestanding (like a sofa or a refrigerator you own). Real property or “fixtures” are items attached to the home in a way that they are considered part of the house itself (like a furnace, built-in cabinets, or plumbing). Removing personal property is not a crime; removing fixtures can be.
I was just taking things I paid for. Is that illegal?
It can be. Even if you paid for and installed items like new appliances or a water heater, once they become fixtures attached to the home, they are considered part of the real estate that secures the mortgage. Removing them can be seen as intentionally impairing the value of the lender’s collateral.
The bank was going to tear the house down anyway. Does that matter?
It might. We could argue that if the lender’s plan was to demolish the property, removing fixtures did not actually “impair the value” from their perspective. This is a complex, fact-specific defense that would require investigating the bank’s internal documents and plans for the property.
What if the mechanic’s lien filed against me was invalid?
If the lien was not filed correctly, was for an improper amount, or was otherwise legally invalid, then the property was not subject to a legitimate “mechanic’s lien.” This would be a complete defense, as it defeats a required element of the crime.
I am in the middle of a foreclosure. Can I still be charged?
Yes. The statute explicitly states that it applies “during the period of time allowed for redemption.” This means you can be charged for removing or damaging property even after the sheriff’s sale, as long as you are still within the legal redemption period (typically six months).
The prosecutor is offering a plea deal. Should I take it?
You should never accept a plea deal without a thorough review of your case by an experienced defense attorney. The first offer is often not the best one, and pleading guilty, even to a lesser charge, can have severe lifelong consequences. We need to evaluate the strength of the state’s case before making any decisions.
Can the bank sue me and press criminal charges at the same time?
Yes. The bank can pursue a civil lawsuit against you to recover the financial losses (a “deficiency judgment”) and can also be the complaining witness in the state’s criminal case against you. You could be fighting battles on two fronts simultaneously.
What is the first thing I should do if I’m charged?
Do not talk to the police, the bank’s lawyers, or any investigators. Anything you say can be used against you. Your first and only call should be to a criminal defense attorney who can step in, handle all communications, and start building your defense immediately.
How does the prosecutor prove the “value of impairment”?
They will typically use repair estimates from contractors, receipts for replaced items, or appraisals from real estate professionals provided by the bank. A key part of my job is to scrutinize these numbers, challenge their accuracy, and present our own evidence of a much lower or even non-existent impairment value.
What if I was just angry and not thinking clearly?
While anger is not a legal defense in itself, it can be part of the story we tell to negate the specific “intent to impair value.” We can argue that you acted out of emotional distress and frustration, not with the cold, calculated criminal purpose of harming the bank’s financial interest.
Is fighting this charge worth the cost?
When you consider the cost of a felony conviction—the potential prison time, the fines, and the lifelong barriers to employment, housing, and your constitutional rights—investing in a powerful legal defense is almost always the wisest financial decision you can make. It’s an investment in your future.
What a Felony Conviction Could Mean for the Rest of Your Life
A conviction for Defeating Security on Realty, especially at the felony level, is a devastating event that extends far beyond the courtroom. It creates a permanent stain on your record that can severely limit your opportunities and redefine your life. The “life after a conviction in Minnesota” is fraught with challenges that most people never consider until it’s too late.
Impact on Your Financial Future and Credit
A felony conviction related to property and debt will decimate your financial credibility. It will be nearly impossible to secure a mortgage, a car loan, or even a credit card. Lenders will see you as an unacceptable risk. This, combined with a likely civil judgment against you from the lender, can lead to a cycle of debt, wage garnishment, and financial instability that can last for years, making it incredibly difficult to rebuild your life.
Barriers to Employment and Professional Licensing
This conviction is considered a crime of dishonesty, which is a major red flag for employers. A background check will reveal the felony, making it extremely difficult to find employment, especially in fields related to finance, real estate, or any position that requires handling money or property. If you hold a professional license (like a realtor, contractor, or financial advisor), a conviction will almost certainly lead to its suspension or revocation.
Loss of Housing Opportunities
Finding a place to live becomes a monumental challenge with a felony conviction on your record. Most landlords and property management companies run criminal background checks, and a felony—especially one involving damage to property—is often grounds for automatic denial of a rental application. This can leave you with limited, often unsafe, housing options for you and your family.
Permanent Loss of Civil Rights
A felony conviction in Minnesota results in the loss of fundamental civil rights. You will lose the right to vote until you have completed your sentence, including any probation. Most significantly, under both state and federal law, you will be permanently banned from ever owning, possessing, or even touching a firearm or ammunition for the rest of your life. This is a complete and total loss of your Second Amendment rights.
Why You Need a Tough, Experienced Minnesota Defense Attorney
When you are facing a charge of Defeating Security on Realty, you are not on a level playing field. On one side is a massive financial institution with a team of lawyers. On the other side is you. To fight back, you need a powerful advocate who understands this unique area of law and is committed to protecting you. Hiring a private Minnesota criminal defense attorney is the essential first step toward taking back control.
A Private Lawyer Focused on Your Unique Case
Unlike a public defender who may be juggling hundreds of files, I will give your case the detailed, personal attention it deserves. These are not simple cases; they require a deep dive into real estate documents, financial records, and the complex history between you and your lender. I will personally handle your case from start to finish, ensuring that we build the strongest defense possible based on the unique facts of your situation. You are not just another case file to me; you are a person whose future is at stake.
Immediate Action to Protect You
The most critical time in your case is right now. You need an attorney to step in immediately and stop you from talking to investigators or the bank’s lawyers. I will take over all communication, preventing you from accidentally making your situation worse. I will begin our own investigation right away, preserving evidence, documenting the state of the property, and building our case before the prosecutor’s narrative becomes set in stone. This quick action can make all the difference.
Deep Knowledge of Minnesota’s Local Courts
I have defended clients in courtrooms across the State of Minnesota. I understand that a case in Hennepin County might be handled differently than one in Ramsey County or a more rural county. I know the local prosecutors, judges, and court procedures. This statewide experience allows me to craft a legal strategy that is not just strong on the law, but also tailored to the specific environment where your case will be heard, giving you a critical advantage.
A Commitment to Achieving the Best Result
My mission is simple: to fight for the best possible outcome for you. Often, this means working to get the charges dismissed outright by exposing the weaknesses in the state’s case regarding your intent or the property’s value. It could mean negotiating a reduction from a felony to a misdemeanor to protect your civil rights and your future. If the state refuses to be reasonable, it means being fully prepared to defend you at trial and tell your side of the story to a jury. I will explore every avenue and fight tirelessly to protect you.