In the State of Minnesota, burglary, commonly referred to as breaking and entering, involves entering a building without consent AND with intent to commit a crime, or entering a building without consent and actually committing a crime. It is a specific intent crime, meaning that should you mistakenly enter someone else’s home believing it to be yours, there would be no burglary because there’d be no intent on your part to commit a crime. Intent however can be inferred by your actions and should you enter a home other than yours through the use of burglary tools, it would be hard to claim that you did not have intent to commit a crime. The Minnesota burglary statute contains four degrees of burglary which are determined by the type of building that was entered and what acts were performed once inside the building.

Involves entering a building without consent AND with intent to commit a crime, or entering a building without consent and actually committing a crime under the following circumstances: (a) the building is a dwelling and another person is present in it; b) the burglar possesses, a dangerous weapon, or an explosive; or (c) the burglar assaults a person within the building or on the building's appurtenant property. It is a felony with a max penalty of 20 years or to payment of a fine of not more than $35,000, or both.

Involves entering a building without consent AND with intent to commit a crime, or entering a building without consent and actually committing a crime under the following circumstances: (1) the building is a dwelling; (2) the portion of the building entered contains a banking business and the entry is with force; (3) the portion of the building entered contains a pharmacy  and the entry is forcible; or (4) when entering or while in the building, the burglar possesses a tool to gain access to money or property. Burglary in the second degree also covers entry in government buildings, religious establishments, historic and school buildings. It is a felony with a maximum penalty of ten years or to payment of a fine of not more than $20,000, or both.

Involves entering a building without consent and with intent to steal or commit any felony or gross misdemeanor while in the building, or enters a building without consent and steals or commits a felony or gross misdemeanor while in the building, either directly or as an accomplice. It is also a felony with a maximum penalty of five years or to payment of a fine of not more than $10,000, or both.

Involves entering a building without consent and with intent to commit a misdemeanor other than to steal, or enters a building without consent and commits a misdemeanor other than to steal while in the building, either directly or as an accomplice. It is a gross misdemeanor with a maximum penalty of imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

For a more detailed analysis of property crimes, please see our criminal website http://www.dilavericriminaldefense.com/burglary.htm

As noted sometimes it is difficult for the State to prove intent in these cases, If you have been charged with a burglary, contact our office for a free consultation and a free evaluation of your case and its merits.