Many people think that burglary means stealing. While you certainly can be charged with burglary if you break into a property and steal something, you can also be charged with burglary even if you do not steal anything. In fact, many burglary charges arise out of a situation where somebody allegedly assaults someone else in a residence. Other times, someone is intoxicated to the point that they do not realize they are somewhere they did not have permission to be, and can find themselves charged with a burglary when they were looking for somewhere to sleep or for shelter from the cold. If you are facing burglary charges in Minnesota, you could be facing a felony record and significant jail or prison time. 

Our attorneys will listen to you. A lawyer is available to speak with you 24 hours a day, 365 days a year. Call us anytime at 612-474-9824. We know that there are two sides to every story. We will listen as you tell us what happened to you, and we will explain how we can help. 

Our attorneys have achieved not guilty verdicts and dismissals for many clients facing all types of burglary charges. We have also successfully negotiated to reduce the charges against clients who have been over-charged.  

Defending Against Burglary Charges

Ryan Pacyga Criminal Defense’s violent crimes defense team will explore all possible defenses to the burglary charge, including: 

• Self-defense: You have the right to defend yourself if another person is pushing you, throwing punches or otherwise threatening you with physical harm, even if they haven’t touched you yet. You do not have to wait until you are assaulted to reasonably defend yourself, so long as you can meet Minnesota’s self-defense requirements. 
• Defense of another: Were you protecting another person when the alleged assault occurred? 
• Lack of intent: The prosecution must show that you intended to harm someone or cause fear of immediate bodily harm. We may be able to show that no such harm was intended. 
• Alibi and/or identity: Our private investigator may be able to find evidence that you were not at the scene, and that the police arrested the wrong person. 
• Permission to be in the home or building:  if you had permission from someone that had the right to give you permission to be in the home, building or business, you generally have a good defense to a burglary charge. We know how to uncover and use this helpful information. 

Frequently Asked Questions About Burglary In Minnesota

Most people are not familiar with burglary charges or their penalties. Here are the questions we often hear:

What constitutes burglary under the law?

Minnesota Statutes Sec. 609.528 defines burglary as entering a building without permission with the intent to commit a crime or committing a crime while inside. The severity of the defense rests on the circumstances, including whether the building was someone’s home, whether the building was occupied at the time, what crime was attempted or committed and whether a weapon was used.

What are the possible penalties if convicted of burglary?

If you are charged with burglary in the first degree, which is the most serious, you face the possibility of a $35,000 fine and 20 years in state prison. For burglary in the second degree, you could be given a $20,000 fine and a 10-year prison sentence. For burglary in the third degree, you can be sentenced to a $10,000 fine and five years in prison. Burglary in the fourth degree, which is the least severe charge, can result in a $3,000 fine and up to 364 days in jail.

How can a criminal defense attorney help if I am charged with burglary?

An attorney can help you understand the specific burglary charges against you, evaluate the weight of the evidence in the prosecution’s hands and identify weaknesses in their case. They may be able to challenge the legality of how the evidence was obtained, look for chain-of-custody errors, question the reliability of eyewitnesses and argue that you either had consent to be in the building or lacked the intent to commit a crime. If there is strong evidence against you, they may also negotiate with the prosecutor for a reduced charge or a more lenient sentence based on various mitigating factors.

Experienced Lawyers Who Get Results

Our knowledge of the law and our success at trial have won us the respect of our legal peers. Our compassion and respect for those we represent and the results we achieve for them have earned us the gratitude of our clients. 

To put the strength of our experience to work for you, please call 612-474-9824 or contact us by email. We look forward to hearing from you and explaining how we can defend against a burglary charge. Ryan Pacyga Criminal Defense attorneys represent clients in the Minneapolis-St. Paul area, throughout Minnesota and across the nation.