Trusted Burglary Lawyer in Minnesota

What Does “Without Consent” Mean? 

Consent can become one of the most disputed issues in a burglary case. 

Suppose someone still has a key to a former partner’s house. A worker enters a business after hours. A tenant returns to a property after being told to leave. A family member walks into a relative’s garage to retrieve belongings. These situations may not look like a traditional break-in, but prosecutors may still argue that the person no longer had permission to enter. 

A prior invitation does not always create permanent consent. At the same time, the existence of a key, shared property, previous access, text messages, or an ongoing relationship may raise important questions about what the accused person reasonably believed. 

A criminal complaint may make the answer sound obvious. The evidence may tell a more complicated story. 

First-Degree Burglary 

First-degree burglary is the most serious level. 

It may be charged when someone allegedly enters a building without consent and: 

• Another person is present in the building 
• The accused person possesses a dangerous weapon or explosive 
• The accused person assaults someone inside 

First-degree burglary involving an occupied dwelling can carry up to 20 years in prison and a fine of up to $35,000. Certain first-degree burglary allegations involving a weapon or assault are treated at particularly high severity levels under the Minnesota Sentencing Guidelines. 

An “occupied dwelling” does not necessarily mean the accused person knew someone was home. Whether a person was present, where they were in the building, and what the accused knew may all become important. 

Second-Degree Burglary 

Second-degree burglary may apply in several situations, including when the building is a dwelling or contains a bank or pharmacy. It may also apply when someone allegedly enters a government building, school, religious establishment, or historic property to commit certain crimes. 

A conviction can carry up to 10 years in prison and a fine of up to $20,000. 

The law also addresses cases involving burglary tools. An ordinary object may be treated as a burglary tool if prosecutors claim it was possessed or used with the necessary criminal intent. 

Third-Degree Burglary 

Third-degree burglary generally involves entering a building without consent while intending to steal or commit a felony or gross misdemeanor. It may also apply when someone enters without consent and then commits one of those offenses inside. 

The maximum penalty is five years in prison and a fine of up to $10,000. 

This charge can arise from allegations involving storage buildings, detached garages, businesses, warehouses, and other structures. 

Fourth-Degree Burglary 

Fourth-degree burglary generally involves entering a building without consent while intending to commit a misdemeanor other than theft, or committing such a misdemeanor after entering. 

A conviction can carry up to 364 days in jail and a fine of up to $3,000. 

Although fourth-degree burglary carries less potential custody time than the felony levels, it should not be dismissed as a minor matter. A conviction can still create a criminal record and affect employment, housing, and future court cases. 

Intent Can Decide the Case 

Burglary cases often turn on what the accused person intended at the time of entry. That can be difficult for the state to prove directly. No one can look into another person’s mind, so prosecutors may rely on surrounding facts such as: 

• The time of entry 
• Tools or objects found nearby 
• Statements made before or after the incident 
• Text messages or online communications 
• Whether property was moved or taken 
• Whether an alarm was disabled 
• The person’s actions after police arrived 

Those facts do not always lead to only one conclusion. 

Someone may have entered to collect personal belongings, find shelter, check on another person, or because they mistakenly believed they had permission. A Minnesota criminal defense attorney can examine whether the evidence truly supports criminal intent or merely invites speculation. 

Sentencing Can Depend on More Than the Maximum Penalty 

The maximum sentence written in the statute is not necessarily the sentence a person will receive. Minnesota courts may consider the degree of the offense, criminal history, aggravating or mitigating circumstances, the Sentencing Guidelines, and the facts of the case. 

For a first offense involving burglary of a dwelling, Minnesota law generally directs courts to presume a stayed sentence with at least 90 days of incarceration as a probation condition, unless the Sentencing Guidelines call for an executed sentence or another statutory provision applies. 

The consequences may also include restitution, probation, no-contact conditions, treatment, restrictions on returning to a property, and a prohibition on possessing firearms in some cases. 

What Should You Do After a Burglary Arrest? 

The urge to explain can be strong. You may believe that once police hear your side, the misunderstanding will disappear. 

Statements made during a stressful arrest can create more problems, particularly when the full allegation is not yet clear. 

Take a careful approach: 

• Do not discuss the facts with police without legal advice. 
• Keep all court and release documents. 
• Follow every no-contact and release condition. 
• Save relevant messages, photographs, and access records. 
• Write down what happened while your memory is fresh. 
• Identify witnesses who may know why you were at the property. 
• Do not contact an alleged victim through another person. 
• Avoid posting about the case online. 
• Speak with a Minnesota burglary defense attorney promptly. 

Evidence can disappear quickly. Security footage may be overwritten, messages may be deleted, and witnesses may forget important details.