Lundgren & Johnson, PSC

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Burglary

Burglary

Burglary is a serious crime under Minnesota law.  In Minnesota, there are four degrees of burglary: First Degree (Felony), Second Degree (Felony), Third Degree (Felony), and Fourth Degree (Gross Misdemeanor).  If you have been charged with burglary in any of Minnesota’s counties, we are here to defend you.

FIRST DEGREE BURGLARY

First Degree Burglary occurs when a person 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, in the following circumstances:

  • 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;
  • 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
  • The burglar assaults a person within the building or on the building’s appurtenant property.

If convicted, a person faces a statutory maximum sentence of imprisonment of 20 years, a $35,000 fine, or both.

SECOND DEGREE BURGLARY

Second Degree Burglary occurs when a person 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, in the following circumstances:

  • 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.

If convicted, a person faces a statutory maximum sentence of imprisonment of 10 years, a $20,000 fine, or both.

THIRD DEGREE BURGLARY

Third Degree Burglary occurs when a person 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.

If convicted, a person faces a statutory maximum sentence of imprisonment of 5 years, a $10,000 fine, or both.

FOURTH DEGREE BURGLARY

Fourth Degree Burglary occurs when a person 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.

Fourth Degree Burglary is a gross misdemeanor.  If convicted, a person faces a maximum sentence of imprisonment of not more than one year, a $3,000 fine, or both.

WHY LUNDGREN & JOHNSON?

The attorneys at Lundgren & Johnson, P.S.C. will fight hard to protect your rights no matter how difficult the case. We are committed to providing zealous advocacy on behalf of our clients.  If you have been charged with burglary in any degree, do not hesitate to contact us for a no-cost consultation.  We are available to take your calls 24/7.  At our law firm, we fight hard for you.