Skilled Legal Representation For Theft And Robbery Cases In Minnesota
Last updated on July 9, 2025
Facing theft or robbery charges can be scary. These crimes can affect your future and reputation. Minnesota law has harsh penalties for these offenses, including shoplifting, grand theft, and armed robbery. Knowing your rights and the legal process when dealing with these charges is vital.
At Gerlach Law, I have over 25 years of criminal law experience. I work practically and directly. I aim to resolve cases quickly and satisfactorily while treating every client with care and respect. I offer free consultations at my St. Paul law office and home visits elsewhere in the Twin Cities. I’m easy to talk to – I’ll treat you like a friend and help you through each step.
What Is The Legal Difference Between Theft, Robbery And Burglary In Minnesota?
Minnesota law defines theft, robbery, and burglary as separate crimes, each with its own definition and penalties.
- Theft is the taking of property or services. It includes larceny defense, theft by deception and stolen property cases.
- Robbery is taking property from someone using force or threats. It can be simple robbery or aggravated robbery, which may involve weapons or harm.
- Burglary is entering a building without permission to commit a crime inside. The charge level depends on the details.
Robbery and burglary are always serious crimes, often felonies. Theft can be a misdemeanor or felony based on the value and type of property taken.
What Factors Determine Whether Theft Is Charged As A Misdemeanor Or Felony?
Several key factors affect the severity of theft charges in Minnesota:
- The value of the stolen property or services: Theft of $500 or less is usually a misdemeanor. Higher values can lead to gross misdemeanor or felony charges.
- The type of property: Some items, like guns or public funds, always make the charge a felony.
- The offense details: Theft involving risk of harm, embezzlement, or receiving stolen property from a robbery can lead to harsher penalties.
Prosecutors may add multiple thefts within six months to decide the charge level. Judges often order restitution, making the defendant pay back the victim. Victims may also sue for damages.
Types Of Theft And Robbery Crimes In Minnesota
Minnesota law groups theft and robbery offenses based on property value, force used, and other factors. Here are typical charges with their possible penalties:
Theft Offenses
Shoplifting
Penalties:
- Under $500: Misdemeanor (up to 90 days jail + $1,000 fine)
- $500-$1,000: Gross misdemeanor (up to 1 year jail + $3,000 fine)
- Over $1,000: Felony (5-20 years prison + $10,000-$100,000 fines depending on value)
Petty Theft (Theft under $500)
Penalties: Up to 90 days in jail + $1,000 fine
Grand Theft (Theft over $1,000)
Penalties:
- $1,000-$5,000: 5 years prison + $10,000 fine
- $5,000-$35,000: 10 years in jail + $20,000 fine
- Over $35,000: 20 years in prison + $100,000 fine
Theft By Deception
Penalties: Charged based on value (same as standard theft)
Stolen Property Cases
Penalties:
- Receiving robbery proceeds: Felony (5+ years prison)
- Value-based charges: Align with standard theft penalties
Larceny
Penalties: Charged as theft, based on value and circumstances
Unlawful Taking
Penalties:
- Motor vehicle theft: 5 years in prison + $10,000 fine
- Controlled substances involved: Enhanced penalties based on the drug schedule
Robbery Offenses
Simple Robbery (Taking Property Through Force/Threats)
Penalties: 10 years prison + $20,000 fine
Armed Robbery
Includes:
- 2nd-degree aggravated: 15 years prison + $30,000 fine (implied weapon)
- 1st-degree aggravated: 20 years prison + $35,000 fine (weapon used/injury caused)
Burglary
Penalties:
- 1st-degree: 20 years in prison (if weapon present/assault occurs)
- 2nd-degree: 10 years imprisonment (unoccupied dwelling)
Factors That Could Increase Penalties
The following could affect the sentences one might receive if found guilty:
- Prior convictions: Upgrade misdemeanors to felonies
- Public funds theft: Automatic felony regardless of amount
- Risk of bodily harm: Enhanced felony charges
- Restitution: Mandatory victim compensation
Each crime type has its legal challenges and possible penalties. It’s crucial to have a skilled theft and robbery attorney on your side.
Steps To Take If You Are Facing Theft Or Robbery Charges
Taking the proper steps early can help your case if someone accuses you of theft or robbery. Here’s what to do:
- Stay calm, and don’t discuss your case with anyone except your attorney.
- Don’t agree to searches or answer police questions without a theft and robbery attorney present.
- Collect and keep any evidence that may help your defense, such as receipts, messages or witness contacts.
- Write down what happened before your arrest while it’s fresh in your mind.
- Go to all court dates and follow your attorney’s advice closely.
These actions can protect your rights and help your theft lawyer build a strong defense.
Common Defenses To Theft And Robbery Charges
Several defenses may work in theft and robbery cases, depending on the facts:
- Lack of intent: Showing you didn’t mean to keep the property forever.
- Mistaken identity: Challenging the evidence that says you were involved.
- Consent: Arguing that the owner allowed you to take the property.
- Duress or coercion: Proving someone forced you to commit the act under threat.
- Insufficient evidence: Pointing out gaps or conflicts in the prosecution’s case.
A robbery lawyer can review your situation and create a defense strategy.
Schedule Your Free Consultation Today
If you or someone you know faces theft or robbery charges, contact Gerlach Law at 952-952-9723 to speak with me. Remember that the most crucial time to get a lawyer is when you find out you are facing a charge. Protecting your rights and not waiving your right to remain silent and your right to an attorney is crucial.
I will listen, guide you, and support you every step of the way. I know facing a criminal charge can be stressful, so I offer free consultations at my St. Paul office and home visits. You can also email me to get started.