The difference between theft and BURGLARY is that burglary usually involves more serious and violent actions, such as breaking and entering, and the use of a deadly weapon. In the state of Minnesota, there are four degrees to burglary, with first-degree burglary being the most severe offense. Consequences and penalties will vary depending on the degree, which makes it incredibly important that you hire a competent lawyer with experience handling these types of cases. At Aberrant Law, we will work hard to defend your rights and to minimize the consequences—making all the difference. Contact us now at 651-364-1508 to see how we can help.
Minnesota law defines burglary in the first-degree as entering a building without consent and committing a crime (or having the intention to commit said crime), either directly or as an accomplice. There must be another person present in the building at the time of burglary who is not an accomplice, the use of a deadly weapon (or what appears to be one), or the burglar assaults a person within the building. This is a felony charge, and you may be sentenced to prison for no less than 6 months and no more than 20 years and/or to payment of a fine that is no more than $35,000, as per MN Statute 609.582.1.
A person is guilty of burglary in the second-degree if they enter a building without consent and commit a crime (or have the intention to commit said crime), either directly or as an accomplice. This is a felony-level offense, and, according to MN Statute 609.582.2, involve the following:
- the building is a dwelling,
- the portion of the building entered contains a banking business or something similar, and force of entry was used,
- the portion of the building entered contains a pharmacy or something similar, and force of entry was used, or
- burglar uses a tool to gain access to the building or to money,
You may be sentenced to imprisonment for no more than 10 years and/or to payment of a fine that is no more than $20,000.
Burglary in the third-degree is if you were to enter a building without consent and steal or commit (or have the intention to do so) any felony or gross misdemeanor while in the building. Again, this is a felony-level offense and you may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, as stated in MN Statute 609.582.3.
Lastly, whoever enters a building without consent and commits a misdemeanor other than to steal (or have the intention to do so), is committing burglary in the fourth degree. If convicted, you may be sentenced to imprisonment for at most one year and/or to payment of a fine of no more than $3,000, as stated in MN Statute 609.582.4.
What should I do?
Contact us at 651-364-1508 to see how we can help with your case.
Frequently Asked Question
Minnesota law makes it a crime to operate a motor vehicle and they define the term motor vehicle as “every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires. the term includes motorboats in operation and off-road recreation vehicles, but does not include a vehicle moved solely by human power. So your ATV’s, electric scooters and bikes, boats, jetskis, and yes, even your tractors, are fair game.