Minnesota Statute
Burglary is entering a building without consent and with intent to commit a crime inside (or entering and then committing a crime inside). Minnesota’s burglary statute has four degrees, with first-degree being the most serious (involving factors like an occupied dwelling, a weapon, or an assault during the burglary).
Burglary sentences vary by degree. Fourth-degree burglary (entering to commit a misdemeanor other than theft) is a gross misdemeanor (up to 1 year jail). Third-degree burglary (intent to commit a felony or gross misdemeanor) is a felony with up to 5 years imprisonment. Second-degree burglary (burgling a dwelling, or certain buildings like banks, pharmacies, or using burglary tools) is a felony up to 10 years. First-degree burglary (a dwelling with someone present, or involving a dangerous weapon or an assault) is a felony punishable by up to 20 years in prison and a $35,000 fine.
Entry without consent and either intent to commit a crime inside or proof a crime was committed inside.
Degree depends on the type of building, whether it was a dwelling, whether a person was present, and use of a weapon or assault.
Fourth-degree (gross misdemeanor) through first-degree (felony, up to 20 years). Restitution and probation terms can be significant even on reduced counts.
Local counsel probes consent and intent, pushes evidentiary weaknesses, and negotiates charge reductions to non-burglary outcomes when feasible.