Burglary Defense Attorneys
Burglary charges are very serious and may result in devastating criminal and collateral consequences. It is usually a felony offense, resulting in a loss of your fundamental rights – such as your voting rights and likely your right to possess a firearm – and can be debilitating for any future job or housing searches. And, unfortunately, it is usually overcharged, necessitating experienced and aggressive burglary defense attorneys for you.
Burglary is the entering of a building or dwelling without consent and the intent to commit a crime. It is often called “breaking and entering” and accompanied with other charges, such as theft. There are four-degrees of burglary under Minn. Stat. § 609.582.
Defined as whoever enters a building without consent with the intent to commit a crime or actually commits a crime – either directly or as an accomplice – and one of the following three circumstances exists:
- The building is a dwelling (a permanent or temporary place of residence) and another person who is not an accomplice is present;
- The burglar possesses a dangerous weapon or explosive when entering the building; or
- The burglar assaults a person within the building.
This is a felony, carrying a maximum penalty of 20 years and/or a fine of $35,000. But, a first-degree burglary also carries a mandatory minimum for when the burglar enters an occupied dwelling. The mandatory minimum is six-months in jail.
Occurs when a burglar enters a building without consent with the intent to commit a crime or actually commits a crime – either directly or as an accomplice – and one of the following four circumstances exist:
- The building is a dwelling without another person present;
- The building is a bank or other business that receives securities or other valuable papers for deposit or safekeeping, and the entry is with force or threat of force;
- The building contains a pharmacy or other business in which controlled substances are routinely held or stored, and the entry is forcible; or
- When entering the building, the burglar possesses a tool to gain access to money or property.
Second-degree burglary also occurs when a burglar enters a government building, religious establishment, historic property, or school without consent and the intent to commit or actually commits a theft or damage to property crime.
This is a felony, and carries a maximum penalty of 10 years in prison and/or a fine of $20,000. If the building is a dwelling, a statutory minimum requires 90 days in jail, possibly.
Minnesota defines a third-degree burglary as the entering of a building without consent, and either the intent to steal (i.e. a misdemeanor theft) or to commit any felony or gross misdemeanor crime while in the building. It also includes the actual commission of the misdemeanor theft or a felony or gross misdemeanor crime.
Again, this is a felony, and carries a maximum penalty of 5 years and/or a fine of $10,000.
A Minnesota fourth-degree burglary occurs when a burglar enters a building without consent and with the intent to or actually does commit a misdemeanor other than theft – either directly or as an accomplice.
This is a gross misdemeanor and carries a maximum penalty of one year in jail and/or a fine of $3,000.
Typically the best defenses against a burglary charge is contending that all the necessary elements of proof have not been met. All the elements of burglary need to be satisfied in order to be guilty of the charge. Defenses raised in relation to the two elements of burglary are called “affirmative defenses.” These may include the victim giving any indication of permission to enter or there was no intent to commit a crime in the building or residence. It is these "affirmative defenses" that can mean the difference between jail and freedom and why you need North Star's burglary defense attorneys on your side.
Difference Between Burglary and Robbery
Although both Burglary and Robbery usually involve taking property from somebody else, they are two very unique crimes. As mentioned above, Burglary is the entering of a building or dwelling without consent with the intent to commit a crime. It is often called “breaking and entering” and accompanied with other charges, such as theft. Robbery involves directly taken property from a person by use or threat of force and is often accompanied with threats of violence or assault charges.
To see just how successful our approach is, here are some representative burglary case results:
Charges: Three felony charges including first degree burglary
Resolution: Misdemeanor outcomes. Client's long-term relationship dissolved poorly, multiple felony counts resulted, Then two separate DUI matters allegedly occur. An utterly inclusive and long-term commitment to sobriety, and verification of the same, changed the tenor of the case completely, and a presumptive prison sentence was avoided completely. Client is able to maintain employment, keep his home, recover his work truck, and move on with his life, and was overjoyed with his results.
Charges: First Degree Burglary and Domestic Assault
Resolution: Stay of adjudication on misdemeanor counts only. Mr. Adkins was able to achieve this incredible resort with a short probationary period as well. And, if the client, as anticipated, successfully completes that period without violating his terms, the matter will be dismissed outright on motion of the prosecutor, and thereafter be eligible for potential expungement. This, notwithstanding the case starting out as a mandatory-minimum jail, and possible prison-commit matter; the judge did announce, as he placed the matter on hold for six to twenty-four months, that Mr. Adkins had "achieved a remarkable resolution" for his client. It's always nice to even impress the Judge.
Charges: Second Degree Burglary
Resolution: Case was dismissed after investigation and interviews by our staff. Client was facing consecutive prison terms if the matter was not dismissed; great example of lawyers and clerks undaunted by State’s accusations, pressing for details notwithstanding a damning complaint and initial reports.
North Star Criminal Defense - Proven Success Fighting Burglary Charges
Minnesota burglary charges are serious and can result in debilitating consequences. Your basic rights, ability to possess a gun, and ability to provide for your family are at jeopardy. It is critical that you hire an experienced Minnesota burglary attorney to help fight for you. There is too much at stake not to. North Star Criminal Defense will put its 30 years of experience to work, fighting for you.Contact us now to discuss your case.