The basic definition of burglary involves the breaking and entering into a building or dwelling without consent. In addition to not having consent, the person intends to commit another crime such as theft. Theft is defined as the taking of a person’s property without their consent, and, without the intent of giving it back.
A burglary charge may result in a misdemeanor or felony charge in Minnesota. The difference depends on whether a person is charged with a first, second, third or fourth-degree charge. The penalties for burglary also vary according to the degree.
First Degree Burglary has the harshest sentence
First degree burglary has the most serious penalty. The criminal sentence is approximately 20 years in state prison and/or a fine of $35,000. To be convicted of first degree burglary, a person must enter into a place while another individual is inside with the intent to commit a crime. The crime may be assault or possessing a weapon.
Second Degree Burglary also has serious penalties
Second degree burglary has a sentence of approximately 10 years in prison. The person being charged may or may not have to pay a $20,000 fine. It also involves the unlawful entry into a dwelling or building. However, the person uses force or threatens the use of force. They may also have burglary tools.
Third Degree Burglary results in a lesser penalty
Third degree burglary is considered a “small scale,” but it has huge consequences. The penalty for committing this crime is five years in prison and/or a $10,000 fine. It involves unlawful entry and committing a gross misdemeanor.
Fourth Degree Burglary has the least severe penalty
A fourth degree burglary conviction involves one year in prison. The person may be sentenced to paying a $3,000 fine too. Fourth degree burglary isn’t as serious as the other degrees because a person enters a residence without consent and with the intent to commit a misdemeanor. With the other burglary degrees, a person intends to commit a felony crime such as theft or assault. Thus, a person can be convicted of fourth degree burglary if they enter a place without consent of the owner and take nothing.
Seeking help in a Criminal Burglary Case in Minnesota
There are many ways you or a loved one could be charged with burglary. For example, you may break into a place and enter. However, you had no intention of committing any type of theft crime. A loved one may have entered a residence because of a dare. They had no intention of committing another crime while inside. Any time there is an unlawful entry into a business or residence, it may result in a criminal charge.
Burglary charges are serious. It’s helpful to have a law firm such as JS Defense on your side. JS Defense has helped many clients facing these kinds of charges achieve outcomes in their favor at trial. This is a difficult time. It’s important that you or your loved one has strong legal representation.
Call today a Woodbury burglary Lawyer like Justin Schiks and schedule a consultation.