Minneapolis Burglary Defense Attorneys
Developing Customized Approaches to Fight Burglary Charges
Burglary involves unlawfully entering a building to commit a crime, typically theft, once inside. Under Minnesota law, this offense is generally charged as a felony, meaning that the penalties are severe and long-lasting. A burglary conviction can result in a lengthy prison sentence, hefty fines, and a permanent mark on your criminal record. The consequences extend beyond the courtroom, affecting your personal and professional life, including your ability to secure employment, housing, and maintain relationships.
Navigating the legal process for a burglary charge is intricate and fraught with potential pitfalls. The criminal justice system requires a deep understanding of the relevant statutes and procedural rules. A single misstep, such as misunderstanding the charges or failing to file the proper legal motions, can adversely affect the course of your case. Therefore, it's imperative to have a knowledgeable Minneapolis burglary defense lawyer who can guide you through the process, protecting your rights at every stage.
At Brockton D. Hunter P.A., we understand the gravity of burglary charges and their impact on a person’s life. Our legal team provides a robust defense by thoroughly analyzing every aspect of these cases. We meticulously research the applicable laws and precedents, enabling us to craft a strategy tailored to the circumstances. Backed by over two decades of combined legal experience, we have defended clients against challenging cases.
If you are facing burglary charges in Minneapolis, contact us to schedule a free consultation and learn more about your legal options. Call (612) 979-1112 today.
Degrees of Burglary in Minnesota
Under Minnesota Statutes § 609.582, burglary is broadly defined as unlawfully entering a building with the intent to commit a crime once inside. This offense is further categorized into various degrees, each with specific elements that distinguish them and influence the severity of the penalties.
First-Degree Burglary
First-degree burglary is the most serious form of this offense.
It occurs when one or more of the following conditions are met:
- The individual enters a dwelling, and a person other than an accomplice is present at the time of entry or while the burglary is in progress.
- The individual is armed with a dangerous weapon, an item that the alleged victim reasonably believes is a dangerous weapon, or an explosive.
- The individual assaults any person in the dwelling or on the property during the burglary.
Second-Degree Burglary
This charge applies when the burglary involves specific circumstances that elevate the severity of the offense.
Situations that can lead to second-degree burglary allegations include:
- The building entered is a dwelling, even if unoccupied.
- The individual forcibly enters a building where banking or banking-related activities are conducted.
- The burglary involves a building that contains a pharmacy or handles controlled substances.
- The individual possesses tools specifically intended for breaking into safes, vaults, or other secure locations within the building.
Third-Degree Burglary
Third-degree burglary is charged when certain conditions are present.
These conditions include one or both of the following:
- The individual unlawfully enters a building and intends to steal or commit a felony or gross misdemeanor while inside or actually commits the offense.
- The individual enters a building open to the public and either steals or intends to steal while inside, and the individual has previously been asked to leave the building or has a prior conviction.
Fourth-Degree Burglary
This classification is the least severe burglary charge.
Fourth-degree burglary involves either of the following:
- The individual enters a building without the owner's consent and commits or intends to commit a misdemeanor other than theft while inside the building.
- The individual enters a building open to the public and steals or intends to steal while inside.
The Serious Repercussions of a Burglary Conviction
A burglary conviction carries profound legal and personal consequences that can alter the course of your life. The severity of the penalties depends on the degree of the charge.
Legal Penalties for Burglary
The legal penalties for burglary include imprisonment and fines. The incarceration term and monetary penalty amount vary based on the nature of the offense.
Below are possible punishments for a conviction:
- First-degree burglary. This offense carries the harshest penalties, which include imprisonment for up to 20 years and a fine of up to $35,000.
- Second-degree burglary. Although less severe than first-degree, second-degree burglary is still a serious offense with significant consequences, including up to 10 years of imprisonment and/or a fine of up to $20,000.
- Third-degree burglary. This category carries up to 5 years of imprisonment and/or a fine of up to $10,000.
- Fourth-degree burglary. The least severe form of burglary is punishable by incarceration for up to 364 days and/or a fine of up to $3,000.
Personal Impacts After a Conviction
The consequences of a burglary conviction extend far beyond the courtroom. A felony conviction, particularly for a burglary, can have long-lasting effects permeating every aspect of your life.
Areas that a conviction can impact include:
- Reputation. A burglary conviction can severely tarnish your reputation, affecting how your community, family, and friends perceive you.
- Career. A felony record can disqualify you from certain jobs, particularly those involving trust, security, or finance.
- Opportunities. A criminal record can create barriers in various aspects of life, including housing, education, and even volunteer opportunities.
Possible Defenses Against Burglary Charges
Facing burglary allegations can be overwhelming, but it’s important to remember that a charge does not equate to a conviction. Various legal defenses can be used to challenge the prosecution’s case and protect your rights.
Common defenses against burglary charges include:
- Lack of intent
- Mistaken identity
- Alibi
OUR VICTORIES
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their case might be.
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