Each class of burglary is defined by many intricate details, and the law is constantly changing for defense. If you are charged with burglary, you’re facing severe consequences. You need an attorney who is up to date with the current law and will challenge the state every step of the way.
You can be charged with first-degree felony burglary if you enter a building without permission while someone else is in the building and you have a weapon. This charge also applies if you enter a building without permission and commit assault, even if no bodily harm results. There is a minimum sentence of six months in custody and a maximum of 25 years.
There are a couple of ways a second-degree burglary can be committed. First, the actor could enter a financial institution or building where controlled substances are being kept and use the threat of force. Second, the actor could enter a government, religious, or historic building with the intent to steal or damage property. Second-degree burglary is a felony with a maximum sentence of ten years.
Entering a building with the intent to commit a felony or gross misdemeanor is third-degree burglary, as long as the type of building doesn’t qualify the act as second-degree burglary. Third-degree burglary is also a felony and has a maximum sentence of five years in custody.
Entering a building without permission with the intent to commit a misdemeanor is fourth-degree burglary, a gross misdemeanor with a maximum sentence of one year in custody and a $3,000 fine.
Under Minnesota law, it is illegal to possess burglary tools with the intent to use them in the commission of a crime. Qualifying items include crowbars, bolt cutters, screwdrivers, and explosives.
A gross misdemeanor is any misdemeanor that carries a sentence of up to one year in custody and/or a fine of up to $3,000.