Penalties for Burglary in Minnesota

In Minnesota, burglary is classed under a family of criminal violations related to trespassing. A charge of burglary can either be made in the first, second, third, or fourth degree.

To incur a charge of 1^st degree burglary, you must have entered an occupied building without the knowledge or permission of the owner with the intent to commit a crime, either directly or as an accomplice. The charge is more serious if the building as an occupant in it, if the building is a home, or if the burglar has anything that could be construed or used as a dangerous weapon or explosive. The charge is also elevated if the burglar assaults or harms anyone in the building or connected property.

For a 1^st degree charge, if convicted, the penalty is a fine of up to $35,000 and/or a prison sentence of up to 20 years. These penalties also apply to any burglary accomplice. Minnesota uses mandatory minimum sentencing in these cases, and if the building was occupied during the burglary, the minimum sentence is at least 6 months in either a county workhouse or a correctional facility.

In the case of a charge of 2^nd degree burglary, the charge is incurred if you have entered a building without the knowledge or permission of the owner with the intent to commit a crime—just like a 1^st degree charge. In this case, the building must be either a home, a bank or other place of business holding valuable securities, or a place of public property such as a school or historic site. The charge can also be incurred if the burglar used force to enter. The penalty is a fine of up to $20,000 and/or a prison sentence of up to 10 years for both the burglar and accomplice.

In the case of a 3^rd degree charge, you must only have entered the building with intent to commit a crime, without any weapon, assault, or use of force. The maximum penalty is 5 years in prison and/or a $10,000 fine.

For a 4^th degree charge, the conditions are the same, with the exception that the crime intended to be committed must be a misdemeanor other than stealing. The maximum penalty is a year in prison, and/or a fine of up to $3,000.