Burglary is unlawfully breaking into, or remaining in, a building with the intent to commit a crime there. For example, it is burglary to enter a house unlawfully with the intent to steal money or property. At the same time, it is also burglary to enter with the intent to commit a felony such as arson or murder – any crime is sufficient. A person commits a burglary regardless of whether he or she actually commits a crime; only an intent to commit a crime is required.
Burglary is a different crime than robbery, although oftentimes robbery might be an element of burglary. Robbery is unlawfully taking personal property from another person or in the presence of the other person while using or threatening to use force against the person. Thus, someone who unlawfully breaks into a building with the intent to commit robbery is guilty of burglary.
Burglary Penalties and Punishments in Minnesota
An individual commits burglary in the first degree and may be sentenced up to 20 years of imprisonment if:
(a) the building was a dwelling and another person, not an accomplice, was present in it when the burglar entered or at any time while the burglar was in the building;
(b) the burglar possessed, 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 was a dangerous weapon, or an explosive; or
(c ) the burglar assaulted a person within the building or on the building’s appurtenant property.
An individual commits burglary in the second degree and may be sentenced to imprisonment for up to ten years imprisonment if:
- the building is a dwelling;
- the portion of the building entered contains a banking business or other business of receiving securities or other valuable papers for deposit or safekeeping and the entry is with force or threat of force;
- the portion of the building entered contains a pharmacy or other lawful business or practice in which controlled substances are routinely held or stored, and the entry is forcible; or
- when entering or while in the building, the burglar possesses a tool to gain access to money or property.Whoever enters a government building, religious establishment, historic property, or school building without
- consent and with intent to commit a crime
Burglary in the third and fourth degrees involves committing burglary absent any of the above conditions and can result in imprisonment for up to 5 years.
Why You Need an Experienced and Knowledgeable Burglary Attorney in Minnesota
If you have been charged with any criminal conducted involving burglary, you should contact an attorney who is knowledgeable and experienced. You should contact an attorney right away. Depending on the legal intricacies of your case, an attorney may need ample time to prepare your case upfront and early on in order to fully and completely represent you and protect your rights. Doing so may result in a much more favorable outcome – which includes dismissing the entire criminal case or never even filing charges in the first place.
