Burglary

In Minnesota, burglary is a serious offense that involves unlawfully entering a building with the intent to commit a crime inside. The severity of the charge depends on factors like whether the building was occupied, if a weapon was used, or if force was involved. Minnesota’s burglary laws are outlined in Minn. Stat. § 609.582.

Degrees of Burglary in Minnesota

1st-Degree Burglary (Minn. Stat. § 609.582, Subd. 1)

• Most serious burglary offense.
• Occurs when someone enters a building without consent and:
  • A person is inside at the time of entry.
  • The burglar is armed with a dangerous weapon or explosive.
  • The burglar assaults someone inside the building.
• Felony
  • Up to 20 years in prison
  • Fine up to $35,000

2nd-Degree Burglary (Minn. Stat. § 609.582, Subd. 2)

• Occurs when someone enters a building without consent and:
  • The building is a dwelling (home).
  • The building is a bank, pharmacy, or government facility.
  • The burglar uses a tool to gain entry (e.g., crowbar, lock pick).
• Felony
  • Up to 10 years in prison
  • Fine up to $20,000

3rd-Degree Burglary (Minn. Stat. § 609.582, Subd. 3)

• Occurs when someone enters a building without consent and intends to commit a crime inside (not necessarily theft).
• Example: Breaking into a warehouse to commit vandalism.
• Felony
  • Up to 5 years in prison
  • Fine up to $10,000

4th-Degree Burglary (Minn. Stat. § 609.582, Subd. 4)

• The least severe burglary charge.
• Occurs when someone enters a building unlawfully but only intends to commit a misdemeanor (e.g., trespassing or minor theft).
• Gross Misdemeanor
  • Up to 1 year in jail
  • Fine up to $3,000

Additional Factors That Increase Penalties

• Burglary of an occupied home → More severe sentence.
• Use of force, threats, or weapons → Enhanced charges (e.g., robbery or assault).
• Previous convictions → Harsher penalties for repeat offenders.

Defenses to Burglary

In Minnesota, defenses to burglary depend on the facts of the case, including whether the defendant had permission to enter, intended to commit a crime, or was falsely accused. Here are common legal defenses to burglary charges:

1. Lack of Intent to Commit a Crime

• Burglary requires proof that the defendant intended to commit a crime inside the building.
• If there was no intent to commit a crime (e.g., entering by mistake or seeking shelter), the charge may not hold.

Example: Someone walks into an open garage looking for help but takes nothing.

2. Consent or Permission to Enter

• If the defendant had permission from the owner or occupant to enter, it may not be burglary.
• The prosecution must prove the entry was unauthorized.

Example: A person with a key enters a home they were invited to but later accused of burglary.

3. Mistaken Identity or False Accusation

• If there is no solid evidence linking the defendant to the crime, they may argue mistaken identity.
• Security footage, alibi witnesses, or lack of forensic evidence can support this defense.

Example: A neighbor reports a burglary, but the accused was elsewhere at the time.

4. Lack of Evidence

• Prosecutors must prove every element of burglary beyond a reasonable doubt.
• If there is insufficient evidence (e.g., no witnesses, lack of fingerprints), the case may be dismissed.

Example: Someone is arrested near the crime scene but has no stolen items or tools.

5. Intoxication (Lack of Intent)

• Voluntary intoxication is usually not a defense, but if a person was so impaired that they could not form criminal intent, it might reduce the charge.

Example: A drunk person stumbles into the wrong apartment by mistake.

6. Duress or Coercion

• If the defendant was forced to commit burglary under threat of harm, they may use the duress defense.
• This requires proof of an immediate and unavoidable threat.

Example: A gang forces someone to break into a home under threat of violence.

7. Police Misconduct (Illegal Search & Seizure)

• If police violated constitutional rights (e.g., illegal search, coerced confession), evidence may be suppressed.
• This can lead to dismissal if key evidence is thrown out.

Example: Police searched a suspect’s home without a warrant and found stolen items.