A Minnesota Burglary Lawyer Explains “Double Jeopardy” and How Prosecutors Can Charge You With Multiple Crimes Under Minn. Stat. § 609.585
The moment you saw the criminal complaint, your heart sank. You knew you were facing a burglary charge, and that was serious enough. But listed below it were other charges: theft, assault, criminal damage to property. How can they charge you with multiple crimes for a single incident? It doesn’t feel fair, and it feels like they are trying to bury you under the weight of the system. You’re confused, overwhelmed, and rightfully scared. The prospect of fighting one charge was daunting; fighting two, three, or more feels impossible. Your future—your freedom, your job, your family—is on the line, and the prosecution is stacking the deck against you.
This is a common tactic used by prosecutors across Minnesota, and it is perfectly legal. You are likely feeling singled out, but the reality is that the law gives prosecutors the power to charge you for every single crime they believe you committed during the course of an alleged burglary. This is where a strategic, aggressive defense becomes absolutely critical. I am a Minnesota criminal defense attorney, and I have dedicated my practice to defending people like you from the full force of the state’s accusations. I have seen how prosecutors in Minneapolis, St. Paul, Rochester, and Duluth leverage multiple charges to pressure defendants. From Hennepin and Ramsey Counties to every corner of the state, I have fought back against these tactics, working to dismantle each charge, piece by piece. You do not have to be a victim of this strategy. You have rights, and you have a story that deserves to be heard. We will fight this together.
What It Means When Charges Are “Stacked” Against You
When you are facing a burglary charge alongside other offenses like theft or assault, you are dealing with what are often called “stacked” charges. This means the prosecutor has reviewed the police report and decided to charge you with separate criminal violations for different actions they claim occurred during one single event. For example, the act of entering the building without consent is the burglary. The act of taking something from inside is the theft. If you allegedly pushed someone on your way out, that’s the assault. The state sees these as three distinct criminal acts, and they have every intention of pursuing a conviction for each one.
This strategy puts immense pressure on you. The potential penalties—jail time, fines, and probation—can accumulate, making the stakes dramatically higher than for a single charge. Prosecutors often do this to gain leverage, hoping you will feel overwhelmed and accept a plea deal without a fight. Facing a stacked Minnesota burglary accusation requires a defense that understands the big picture. It’s not just about fighting the burglary; it’s about creating a comprehensive strategy to challenge the entire narrative the prosecution has built against you. My job is to deconstruct their case, attack the weak points in each charge, and prevent them from using this pressure tactic to ruin your life.
Minnesota’s Stance on Double Jeopardy and Burglary — Straight from the Statute
You may have heard of “double jeopardy”—the constitutional protection that says you cannot be punished for the same crime twice. So how can the state charge you with both burglary and theft for the same incident? The answer lies in a specific Minnesota law, Statute § 609.585, which creates a critical exception to this rule in burglary cases.
This statute explicitly gives prosecutors the green light to charge you with burglary and any other crime you allegedly committed after entering the building. The law essentially states that because the crimes have different elements (burglary is about the unlawful entry, while theft is about the taking of property), they are not the “same offense” for the purposes of double jeopardy. This is the legal tool prosecutors from Plymouth to Eagan use to stack charges against you. The exact language of the statute is short, but its power is immense:
609.585 DOUBLE JEOPARDY.
Notwithstanding section 609.04, a prosecution for or conviction of the crime of burglary is not a bar to conviction of or punishment for any other crime committed on entering or while in the building entered.
Understanding this law is the first step. The next step is building a defense that knows how to fight back against it.
Breaking Down the Legal Impact of Minn. Stat. § 609.585
To convict you of multiple offenses, the prosecutor has to prove the separate elements of each crime. This gives us multiple fronts on which to fight. Instead of one wall to break down, the prosecutor has to build several, and we will test the foundation of each one. My approach is to attack the charges both individually and as a group, looking for the weakest link in the prosecution’s chain of accusations.
- The Burglary Charge: This is the gateway charge. The entire case of stacked charges often hinges on the prosecutor’s ability to prove the burglary. If we can successfully challenge the burglary—by proving you had consent to enter, for example, or that you lacked criminal intent when you went inside—the entire narrative of a planned criminal episode can fall apart. Beating the burglary charge can create serious problems for the prosecutor’s other claims and significantly increase our negotiating power.
- The “Other” Crime: Each additional charge is a separate battle. A theft charge requires proof that you took property that wasn’t yours. An assault charge requires proof that you intended to cause fear or inflict bodily harm. I will scrutinize the evidence for each specific charge. Was the property you took actually yours (a “claim of right” defense)? Did you act in self-defense during the alleged assault? By raising reasonable doubt on the elements of the secondary charges, we can get them dismissed independently of the burglary.
- The Sentencing Connection: Even if a jury convicts you of multiple charges, the fight isn’t over. Minnesota law sometimes requires that multiple convictions arising from a “single behavioral incident” be sentenced concurrently (at the same time), rather than consecutively (back-to-back). I will argue fiercely at sentencing that your actions constituted a single event, aiming to limit the total amount of jail time and fines you face, even in a worst-case scenario.
The Compounding Penalties of Multiple Convictions in Minnesota
When you are charged with multiple crimes, you face the potential for compounding penalties. This means the judge could, in some circumstances, sentence you for each conviction and run those sentences one after another. This is why fighting stacked charges is so critical. A situation that might have resulted in probation for a single offense could turn into a lengthy prison sentence when multiple convictions are involved.
Penalties for the Underlying Burglary
As the core charge, the penalties for burglary itself are severe. Depending on the degree, you could face anything from up to a year in jail for a gross misdemeanor Fourth-Degree Burglary to up to 20 years in prison for a First-Degree Burglary. These penalties for burglary in Minnesota serve as the foundation upon which other sentences can be built.
Penalties for Associated Charges (Theft, Assault, etc.)
Each additional charge carries its own set of potential penalties. A misdemeanor theft or assault could add 90 days in jail and a $1,000 fine. A felony-level theft or assault could add years to your sentence and tens of thousands of dollars in fines. The Minnesota sentencing for each charge is determined by its own statute, and we must be prepared to fight the potential consequences on all fronts.
How One Incident Leads to Multiple Charges — Minnesota Scenarios
The theory of stacked charges can be confusing. Here are some real-life scenarios that show how a single incident can explode into a multi-count criminal complaint in Minnesota.
The Breakup in a St. Paul Apartment
You go to your ex-partner’s apartment in St. Paul to retrieve your belongings after a bad breakup. They refuse to let you in. You use an old key to enter the apartment. An argument starts, you grab your laptop, and on the way out, you knock over and break a lamp. The police are called. Now you could be facing:
- Burglary: For entering the dwelling without consent with the intent to commit another crime.
- Theft: For taking the laptop (the prosecutor will argue it was no longer yours to take).
- Criminal Damage to Property: For breaking the lamp.
The Misunderstanding at a Brooklyn Park Warehouse
You are a delivery driver, and you enter a warehouse in Brooklyn Park after hours to drop off a late package, as you have done before. A new manager, who doesn’t know you, sees you on a security camera and calls the police. You are stopped on your way out. You could be charged with:
- Burglary: For being inside the commercial building without the current manager’s consent.
- Possession of Burglary Tools: If you used a pry bar to open a sticky door, even with innocent intent.
The Bar Fight in Downtown Minneapolis
After being kicked out of a bar in the Minneapolis warehouse district, you realize you left your wallet inside. You go back in to get it, but a bouncer confronts you. A shoving match ensues. You could be charged with:
- Burglary: For re-entering the establishment after consent was revoked.
- Assault: For the shoving match with the bouncer.
The Protest in Duluth Turns Contentious
During a heated protest outside a corporate office in Duluth, you and several others enter the building’s lobby to make your voices heard. Security demands that you leave. As you are leaving, you allegedly knock a phone out of a security guard’s hand. You could face charges for:
- Burglary: For remaining in the building without consent.
- Assault or Disorderly Conduct: For the interaction with the security guard.
Legal Defenses Against Stacked Burglary Charges
When the state stacks charges against you, it gives us multiple opportunities to find a weakness and unravel their case. A defense against multiple charges is a multi-layered strategy. We don’t just defend against the event; we defend against each specific accusation the prosecutor has leveled against you. An acquittal or dismissal of just one charge can dramatically change the landscape of your case and create the leverage we need to achieve a positive outcome.
I will meticulously review every piece of evidence—police reports, body cam footage, witness statements, forensic reports—to build your defense. The goal is to show the judge or jury that the state’s story doesn’t add up. There are many defenses to stacked charges in Minnesota, and the right strategy will depend on the unique facts of your case. We will work to dismantle the prosecution’s case, one charge at a time.
Attack the Foundational Burglary Charge
The burglary charge is often the lynchpin of the prosecution’s case. If we can knock it out, the other charges may become weaker or easier to negotiate.
- Lack of Intent: The state must prove you intended to commit a crime when you entered. We can argue you entered for an innocent reason—to find shelter, retrieve your own property, or because you were intoxicated and confused. If there was no criminal intent at the point of entry, there is no burglary.
- Consent: Did you have permission to be there? We can argue you had a reasonable belief that you were allowed on the premises, based on past interactions or a relationship with the owner. If consent was never clearly revoked, the entry was not unlawful.
Challenge Each “Stacked” Charge Individually
Every additional charge is a separate front in the war. We will fight each one on its own merits.
- Self-Defense (for an Assault Charge): If you are accused of assault, we can argue that you were defending yourself from a threat. For example, if a homeowner confronted you aggressively, your actions may have been a reasonable response to protect yourself from harm.
- Claim of Right (for a Theft Charge): If you are accused of theft, but you were taking property that you genuinely believed belonged to you, we can argue you had a “claim of right.” This can negate the intent to steal required for a theft conviction.
- Lack of Evidence: For any charge, we will highlight the absence of proof. No fingerprints linking you to the stolen items? No DNA evidence? No credible witnesses? A lack of evidence can create powerful reasonable doubt.
Argue a “Single Behavioral Incident” at Sentencing
This is a critical defense strategy that applies after a conviction. If you are found guilty of multiple crimes, I will argue that all your actions were part of a single, continuous course of conduct.
- Common Criminal Objective: We can demonstrate that all the alleged acts were motivated by a single goal. For example, if the goal was to retrieve a jacket, the entry (burglary) and the taking of the jacket (theft) were part of one objective.
- Proximity in Time and Place: When the actions happen in the same place and within a very short period, it strengthens the argument for a single behavioral incident. This can convince a judge to sentence you on the most serious offense only and run all sentences concurrently, dramatically reducing the total penalty.
Expose Police Misconduct and Constitutional Violations
The police are not above the law. If they violated your rights at any point, we can use that to suppress evidence and potentially get the entire case dismissed.
- Illegal Search: Did police search your car or home without a warrant or probable cause? Any evidence they found—stolen goods, tools, etc.—could be thrown out of court, gutting the prosecution’s case.
- Coerced Confession: If police pressured you, made false promises, or denied you access to a lawyer during an interrogation, any confession you made may be deemed involuntary and inadmissible.
- Chain of Custody Errors: The state must prove that the evidence they present is the same evidence collected at the scene and that it wasn’t tampered with. Any breaks in this “chain of custody” can render the evidence unreliable.
Minnesota Burglary & Stacked Charges FAQs — What You Need to Know Now
Can they really charge me with two or more crimes for one incident?
Yes. Minnesota Statute § 609.585 specifically allows prosecutors to charge you with burglary and any other crime committed during the event. The law views the unlawful entry and the subsequent criminal act (like theft or assault) as separate offenses.
Will I serve separate sentences for each conviction?
It depends. This is a critical area where a good lawyer makes a difference. I would argue that the crimes were part of a “single behavioral incident,” which would legally require the judge to sentence you concurrently (at the same time). The prosecutor will likely argue for consecutive (back-to-back) sentences.
If I beat the burglary charge, do the other charges get dismissed?
Not automatically, but it severely weakens the prosecutor’s case. Beating the burglary charge removes the “gateway” crime and can make the other charges look less serious or easier to defend. It gives us tremendous leverage to negotiate for a dismissal of the remaining charges.
What is the most important charge to fight?
We fight all of them. However, the most serious charge (usually the felony burglary) is often the top priority because it carries the most severe penalties and long-term consequences. A victory on the most serious charge can have a domino effect on the rest of the case.
Does it matter if nothing was actually stolen or if no one was hurt?
Yes, it matters a great deal, but it doesn’t prevent the charges. The state can still charge you with burglary with intent to steal, even if nothing was taken, or assault with intent to cause fear, even if no one was physically injured. However, the lack of actual theft or injury is a powerful fact we can use in negotiations and at trial.
I was drunk and don’t remember everything. Is that a defense?
It can be. While being drunk is not an excuse for criminal behavior, it can be a defense to the “specific intent” element required for many crimes, including burglary. We can argue that you were too intoxicated to form the conscious intent to commit a crime, which could lead to reduced or dismissed charges.
The police told me if I cooperated, they’d only charge me with one thing. Now I’m facing three. What can I do?
This is a classic interrogation tactic. Police are legally allowed to mislead you to get a confession. Any “deal” they offer is not binding on the prosecutor. This is why you should NEVER speak to the police without an attorney present. Your first and only statement should be, “I want a lawyer.”
What does “double jeopardy” mean in this context?
Double jeopardy is a constitutional principle that prevents you from being prosecuted twice for the same offense. Minn. Stat. § 609.585 gets around this by defining burglary and the associated crime (like theft) as different offenses, each with unique legal elements. Therefore, prosecuting you for both is not considered double jeopardy under Minnesota law.
Do I need a lawyer who has experience with multi-count cases?
Absolutely. Fighting a multi-count complaint is far more complex than defending against a single charge. It requires a lawyer who can see the entire board, understand how the charges interact, and develop a holistic strategy to attack the prosecution’s case from multiple angles.
Can I be convicted of burglary but found not guilty of the theft?
Yes, this is possible. A jury could believe you entered without consent and with criminal intent, but not be convinced that you are the one who actually took the property. Each charge is decided separately based on the evidence presented for that specific count.
What is a “lesser included offense”?
A lesser included offense is a crime that is a less serious version of a greater crime. For example, trespassing could be a lesser included offense of burglary. Part of our strategy might be to negotiate with the prosecutor to allow the jury to consider a lesser offense, giving them an option other than an all-or-nothing guilty verdict on the serious charge.
Will having multiple charges make it harder to get bail?
It can. A judge might view a multi-count complaint as evidence of more serious or extensive criminal conduct, which could lead to a higher bail amount or more restrictive conditions of release. It is vital to have an attorney argue for your release at your first appearance.
How does this affect plea bargaining?
Stacked charges give the prosecutor more chips to play with in plea negotiations. They might offer to dismiss two charges if you plead guilty to one. My job is to challenge the evidence so thoroughly that their “deal” becomes less attractive and they are forced to make a better offer, or risk losing at trial.
Is it better to go to trial or take a plea deal?
This is a decision only you can make, with my advice. We will evaluate the strength of the prosecutor’s evidence on every single charge, the risks of going to trial, and the certainty of a plea bargain. I will give you the information and guidance you need to make an informed choice about your future.
Can I get these charges expunged from my record later?
A conviction on your record is permanent unless you get it expunged. Expungement is a separate legal process that happens after your case is closed. Getting multiple charges expunged is more complicated than getting a single charge expunged. The best strategy is to avoid the convictions in the first place.
What a Burglary Conviction Could Mean for the Rest of Your Life
If you are convicted of multiple offenses, the damage to your future is magnified. The “collateral consequences”—the hidden penalties that follow you long after your sentence is served—become even more severe. You are not just fighting to stay out of jail; you are fighting for your future.
Your Right to Own a Firearm
A single felony conviction in Minnesota results in a lifetime ban on possessing firearms. If you are convicted of felony burglary, that right is gone forever. If you are also convicted of a second felony, such as felony theft, it further solidifies this ban and makes any future attempt at restoration nearly impossible.
Your Criminal Record and Future Employment
Imagine a future employer running a background check and seeing not one, but two or three convictions from a single date. It paints a picture of a serious criminal event. This can be an insurmountable barrier to getting a good job, earning a professional license, or advancing in your career. The “life after a conviction in Minnesota” becomes exponentially harder with each additional mark on your record.
Loss of Housing and Educational Opportunities
Landlords and college admissions boards will see the same thing: a string of convictions. This can lead to immediate application denials. A single conviction is a hurdle; multiple convictions can feel like a brick wall, blocking your access to safe housing for your family and the education you need to build a better life.
Immigration Consequences
For any non-citizen, including legal permanent residents, multiple convictions can be a fatal blow to your chances of remaining in the United States. While one conviction might be waivable, multiple convictions—especially for crimes involving theft or violence—can make you a priority for deportation. A stacked criminal complaint can easily lead to a stacked immigration case against you.
Why You Need a Tough, Experienced Minnesota Burglary Attorney
When the government has decided to throw the book at you, you need a lawyer who is prepared to catch it and throw it right back. You need an advocate who is not intimidated by a multi-count complaint and who knows how to fight for you on every front.
The Advantage of a Private Lawyer
When you hire me, you are hiring a dedicated ally whose sole focus is the success of your case. Unlike a public defender who may be juggling an impossible number of files, I have the ability to devote the time and resources necessary to properly defend a complex, multi-charge case. I will personally investigate every lead, draft and argue every motion, and be the one standing next to you in court.
How Fast Action Can Change the Outcome
The moment you are charged, the clock starts ticking. The sooner I can get involved, the sooner I can start protecting your rights and shaping the narrative of the case. I can get a head start on the investigation, preserve evidence that might be lost, and in some cases, contact the prosecutor before their position becomes hardened. Fast, decisive action is often the key to getting ahead of stacked charges and achieving a favorable outcome.
Understanding the Local Court Systems Across Minnesota
A prosecutor in St. Cloud may approach a case differently than one in Bloomington. A judge in Hennepin County may have different sentencing philosophies than a judge in Ramsey County. I have represented clients in courtrooms throughout Minnesota. I know the players, I know the procedures, and I know how to tailor a defense strategy to the specific court and prosecutor you are facing. This local knowledge is an invaluable asset in a high-stakes criminal case.
Building a Case That Gets Results
My philosophy is simple: prepare every case for trial. Even if we ultimately resolve the case with a plea agreement, this rigorous preparation puts us in the strongest possible position to negotiate. I will dissect the state’s case charge by charge, looking for any weakness, any constitutional violation, any hint of reasonable doubt. This comprehensive approach is what gets results—whether it’s a dismissal of the most serious charges, a not-guilty verdict from a jury, or a sentence that saves your future. Your freedom is under attack. Let’s build the fortress that will protect it.