Burglary is the act of entering a building without the consent of the owner in order to commit a crime. This is frequently referred to as breaking and entering with the intent to commit theft. Minnesota law bases the criminal charges on what kind of structure was entered and what occurred inside.
Burglary is classified within four degrees and the consequences will depend upon those degrees. There are so many factors that determine the classification with the most common being:
- The type of property that was burglarized
- Whether anyone was present at the time other than an accomplice
- The presence or absence of a weapon
- If a business was occupying the property and the type of business
- The value of the property taken
If the property value of the item taken is over $1,000, then a felony will be charged. However, it should be noted that theft of property valued at less than $1,000 can still be classified as a felony depending on who the item was stolen from. For instance, stealing from the government or a vulnerable adult will be regarded as a felony. The theft of a firearm is also a felony regardless of the firearm's value.
As for the penalties, they consist of jail time and fines. Of course, the amount of time served and the amount of the fines will be determined by the severity of the crime. But no matter how minor or severe the crime, there are collateral consequences. These are consequences that interfere with your life, making it more difficult. For instance, you may not be able to find a place to live if background checks are performed. You may not even be able to find a good job. Your earning capacity is going to be limited due to this.
The following are the categories in which burglary is placed:
- First-Degree Burglary — An individual enters a building without the consent of the owner or occupants and commits the crime while the building is occupied. Burglary also falls within this category when a weapon is used and if there is any kind of assault committed.
- Second-Degree Burglary — An individual enters a building without consent and does so by force, such as using a tool to gain entry. Bank and pharmacy robberies usually fall within this category.
- Third-Degree Burglary — An individual enters a building without consent in order to commit a gross misdemeanor or felony, such as stealing. Third degree is a felony regardless of the type of crime committed inside the building.
- Fourth-Degree Burglary — An individual enters a building without consent in order to commit a misdemeanor other than stealing.
If you have been charged with burglary, then you do need to have an attorney by your side to possibly have the charges eliminated or reduced. Even reduced charges can have an impact on your future due to the fact that the more severe the charge, the more it will interfere with your personal life. Of course there is no charge that is beneficial, but your future can be made better.
Minnesota Burglary Defense Attorneys And Lawyers
When you've been accused of burglary, don't back down. You do not have to admit guilt, innocence or say a word. It is best that you have your attorney by your side to help you and to make sure your rights are not violated. You can call us today at 612-332-2000 or fill out our contact form for your free case evaluation.