Strong Defense Against Minnesota Burglary Charges

Last updated on April 29, 2025

Burglary is a serious offense involving unlawfully entering a building intending to commit a crime. In Minnesota, burglary charges can vary depending on the degree of the offense and the specific circumstances involved. It’s essential to understand how burglary differs from related crimes like robbery and theft if you’re facing these allegations.

I am a burglary attorney with over 25 years of experience and a background as a former prosecutor. I’ve handled more than 120 jury trials, and I approach every case with a practical, straightforward mindset focused on getting things done quickly and favorably. My firm, Gerlach Law, is based in St. Paul, Minnesota, but caters to clients statewide.

I am approachable and empathetic. I understand the difficulty of facing such a serious charge. I know you need someone beside you who can explain to you clearly, in layperson’s terms, what your options are and what you can do. I am here to do just that.

How Does Burglary Differ From Robbery And Theft Under Minnesota Law?

A burglary occurs when someone actively enters a building without permission, intending to commit a crime inside, whether or not they take anything. Robbery consists of using force or threats to take property directly from someone. Theft is taking property unlawfully, but does not require unlawful entry or intent to commit another crime inside a structure.

What Elements Must Prosecutors Prove To Secure A Burglary Conviction?

To convict you of burglary, prosecutors must prove you unlawfully entered a building or structure without consent. They also have to show you intended to commit a crime inside or committed one during the unlawful entry. The degree of burglary charged depends on whether someone was inside the building, the type of structure and the presence of a weapon.

Can Someone Be Charged With Burglary If Nothing Was Actually Stolen?

Yes, authorities can charge you with burglary even if you take nothing. The key is whether you intend to commit a crime inside the building at the time of unlawful entry. That means authorities can apply burglary charges when someone breaks and enters with intent, even if they don’t steal anything.

Understanding The Four Degrees Of Burglary In Minnesota

Minnesota law classifies burglary into four degrees based on the severity of the offense and specific circumstances surrounding it:

• First-degree burglary involves entering an occupied dwelling or any building while possessing a weapon. It carries penalties of up to 25 years in prison and fines up to $35,000, with mandatory minimum jail time if someone is inside the dwelling.
  
• Second-degree burglary applies to unoccupied dwellings, banks, schools, or government buildings. Penalties include up to 10 years in prison and fines of up to $20,000.
  
• Third-degree burglary covers unlawful entry with intent to commit a felony or gross misdemeanor, punishable by up to 5 years in prison and fines up to $10,000.
  
• Fourth-degree burglary involves intent to commit a misdemeanor or committing a misdemeanor during unlawful entry. Penalties include up to one year in jail and fines of up to $3,000.

Understanding these degrees can help clarify what you might be facing if charged with burglary.

Contact A Burglary Defense Attorney

If you’re facing burglary charges in the Twin Cities area, Gerlach Law is here to help. I offer free initial consultation and will provide practical, straightforward advice tailored to your situation. Call 952-952-9723 or email me to discuss your case.