Burglary (or breaking and entering) is a crime involving entry into a structure for the purposes of committing a criminal act – usually theft. In Minnesota, burglary charges are brought according to the type of building entered and the acts performed once entry is achieved. The Minnesota burglary statute contains four degrees of burglary.
First Degree Burglary
Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent and commits a crime while in the building, either directly or as an accomplice, commits burglary in the first-degree, if (1) the building is a dwelling and another person, not an accomplice, is present in it when the burglar enters or at any time while the burglar is in the building; (2) the burglar possesses, 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 to be a dangerous weapon, or an explosive; or (3) the burglar assaults a person within the building or on the building’s appurtenant property.
Second Degree Burglary
Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent and commits a crime while in the building, either directly or as an accomplice, commits burglary in the second-degree if (1) the building is a dwelling; (2) 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; (3) 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 (4) when entering or while in the building, the burglar possesses a tool to gain access to money or property.
Third Degree Burglary
Whoever enters a building without consent and with intent to steal or commit any felony or gross misdemeanor while in the building, or enters a building without consent and steals or commits a felony or gross misdemeanor while in the building, either directly or as an accomplice, commits burglary in the third-degree.
Fourth Degree Burglary
Whoever enters a building without consent and with intent to commit a misdemeanor other than to steal, or enters a building without consent and commits a misdemeanor other than to steal while in the building, either directly or as an accomplice, commits burglary in the fourth-degree.
If you’ve been arrested or charged with burglary in Minnesota, contact us right away. The earlier you involve an attorney, the sooner we can gather evidence, interview witnesses, and address other important issues in your defense. Call our law firm now for a consultation: (218) 346-4995.