Southwest Minnesota Burglary Defense Attorney
A Burglary Charge Can Make It Feel Like the Story Is Already Written. It Isn’t.
Was I allowed to be there? Does it matter if nothing was stolen? What if I knew the person who lived there? What if they say they found my DNA? What if the state is wrong about why I was there?
A burglary complaint can make the case sound simple: someone entered a building, something happened inside, and the state says the entry was criminal. But questions about consent, intent, what happened after entry, the type of building involved, and facts that may never have made it into the police report still matter.
A Burglary Charge Can Make What Happened Sound Much Simpler Than It Was.
Some burglary cases involve a forced entry. Others involve a home, business, or other building the person had been inside before. There may be a dispute about permission, when permission ended, why the person was there, what happened inside, or whether the state can prove who actually entered.
The complaint may rely on surveillance video, witness statements, phone or location information, damaged doors or windows, recovered property, fingerprints, or DNA. Each piece of evidence may answer a different question, and presence alone does not necessarily establish unlawful entry or criminal intent.
I start by separating the questions: Was the person there? Was the entry or remaining actually without consent? What does the evidence show about intent or what happened inside? I also want to understand what happened from your perspective, including the parts that may not have made it into the complaint, so the case is not defined only by the state’s version of what happened.
What is considered a Burglary in Minnesota?
Understanding Burglary Charges
Minnesota Statute § 609.582 generally makes it burglary to enter a building without consent with intent to commit a crime, or to enter without consent and commit a crime while inside. Minnesota law also defines entering without consent to include entering without permission, obtaining entry by trick or misrepresentation, or remaining in a building without the consent of the person in lawful possession.
First-degree burglary can involve an occupied dwelling, possession of a dangerous weapon or explosive, or an assault. Second-degree burglary includes certain burglaries involving dwellings, particular types of buildings, forcible entry, or possession of certain tools. Third-degree burglary generally involves entering without consent with intent to steal or commit a felony or gross misdemeanor, or actually doing so. Fourth-degree burglary generally involves entering without consent with intent to commit a misdemeanor other than theft, or actually committing that misdemeanor inside. It also covers certain theft-related entries into buildings open to the public after the person has previously been told not to return.
First-, second-, and third-degree burglary are felony offenses. First-degree burglary carries a statutory maximum of 20 years, second-degree burglary 10 years, and third-degree burglary five years. Fourth-degree burglary is a gross misdemeanor carrying a maximum of 364 days in jail and a $3,000 fine. A conviction for first-degree burglary of an occupied dwelling under subdivision 1(a) also carries a six-month mandatory minimum prison sentence.
The Evidence & The Law: What I Look at in a Fleeing Case
Was the Person Actually There Without Permission?
Who had the right to decide whether the person could be there, and what does the evidence show about whether permission was ever given?
Had the person been invited or allowed there before? If so, when and how does the state say that permission ended?
What Does the Evidence Actually Show About Why the Person Was There?
What does the state say the person intended to do, and what evidence actually supports that conclusion?
Do the video, messages, phone or location data, witness statements, recovered property, damage, or other evidence support the state’s version of what happened?
If DNA or Other Forensic Evidence Is Involved, What Does It Actually Prove?
If DNA is being used to connect someone to the scene or an object, what does the DNA match actually mean in court, and can the science tell us when or how the DNA got there?
Does the forensic evidence actually show unlawful entry or participation, or could prior presence, shared objects, transfer, or other context explain why it was there?
How I Approach A Burglary Charge
What Working Together Looks Like
The Initial Intake Conversation
When you reach out, you will speak directly with me. When possible, I review the publicly available information about your case before we talk so the conversation can focus on what matters most to you. That may be whether you knew the person connected to the property, whether you had permission to be there, what the complaint says was taken or damaged, whether there is video or DNA evidence, what release conditions are already in place, or what happens next in court.
Clear, Predictable Flat Fees
Uncertainty is hard enough without wondering what every phone call or email will cost. I work on a transparent flat-fee basis for the defense phase. You will know my legal fee upfront. The defense phase covers my time reviewing evidence, investigating the case, communicating with you, negotiating, preparing motions, conducting legal research, appearing at motion hearings, traveling when necessary, and taking the time to understand your concerns and answer your questions. If the case proceeds to trial, there is a separate, transparent trial fee. No surprise hourly bills.
Reconstructing What Happened
Once retained, I obtain and review the evidence that matters to the entry, timeline, and alleged conduct. Depending on the case, that may include the complaint, police reports, 911 recordings, body-camera or squad video, surveillance footage, photographs of doors or windows, witness statements, phone and location data, messages, recovered property, fingerprints, laboratory reports, and the underlying DNA data when forensic testing is involved.
I look at what establishes who was there, what the evidence shows about permission to enter or remain, what happened inside, and where the state is drawing conclusions about intent. If forensic evidence is part of the case, I also look at whether the science actually supports the meaning being attached to it.
Further Information on Minnesota Burglary Charges
Frequently Asked Questions
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Minnesota has four degrees of burglary. First degree includes certain occupied-dwelling, weapon, explosive, or assault circumstances. Second degree includes certain dwelling burglaries and other specifically listed buildings or circumstances. Third degree generally involves an unlawful entry with intent to steal or commit a felony or gross misdemeanor, or actually doing so. Fourth degree addresses certain gross misdemeanor-level conduct.
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No. First-, second-, and third-degree burglary are felony offenses. Fourth-degree burglary carries a maximum sentence of 364 days and is a gross misdemeanor. The degree depends on the building, the conduct alleged, and the crime the state says was intended or committed.
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No. Minnesota does not require a forced entry. “Entering without consent” can include entering without permission, gaining entry through trick or misrepresentation, or remaining in a building after consent is no longer present. Whether consent existed can therefore be a central factual issue.
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Yes. Burglary does not always require a completed theft. Depending on the degree charged, the state may rely on an allegation that a person entered without consent with intent to commit a crime inside, even if the alleged crime was not completed.
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That history can matter, but it does not automatically answer whether there was consent at the time alleged. The important questions include who had lawful possession, what permission had been given, whether it was limited, and whether it had been withdrawn before or during the event.
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A dwelling does not have to be occupied for every burglary charge. Second-degree burglary can apply to an unlawful entry into a dwelling even when no one is present. First-degree burglary can apply when a non-accomplice is present in the dwelling at entry or at any time while the person is inside, or when other first-degree circumstances are alleged.
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Not by itself. DNA may provide evidence that a person’s biological material is present on an item or at a location, but it does not by itself establish when the DNA was deposited, how it arrived, whether entry was without consent, or what the person intended. In homes and other shared environments, DNA transfer and accumulation in shared living spaces can be especially important to understanding what a result actually means.
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The statutory maximum depends on the degree. First-degree burglary carries up to 20 years imprisonment and a $35,000 fine; second degree up to 10 years and $20,000; third degree up to five years and $10,000; and fourth degree up to 364 days and $3,000. First-degree burglary of an occupied dwelling under Minn. Stat. § 609.582, subd. 1(a), also carries a six-month mandatory minimum prison sentence. The actual sentence depends on the conviction offense, criminal history, sentencing rules, and the facts of the case.
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Sometimes. A charge may change because the evidence does not establish entry without consent, the state cannot prove the required intent or underlying crime, identity is disputed, the evidence does not support the degree charged, forensic evidence means less in context than the complaint suggests, evidence is suppressed, or the parties reach a negotiated resolution. Each case is fact specific.
Get in touch with a Burglary Defense Attorney in Southwest Minnesota
Talk With a Burglary Defense Attorney in Southwest Minnesota
If You Have Questions About a Burglary Charge, Call Me.
If you have been charged or are under investigation, bring me the complaint or the information you have and your questions. I can help you sort out what the state is alleging, what evidence needs a closer look, and what the charge actually depends on.