What’s the Difference Between Robbery and Burglary in Minnesota?
Being arrested for a crime is a daunting experience, especially when you’re unsure of the charges you face. Do you know the difference between robbery and burglary in Minnesota?
Robbery and burglary in Minnesota differ by intent and interaction. Robbery involves taking property directly from a person using force or threats. Burglary involves unlawfully entering a building to commit a crime, often without direct victim contact.
However, to fully appreciate how the specific charges apply to your case, it’s crucial to have legal representation. A Minnesota criminal defense attorney can explain the distinction between robbery and burglary, advise you on the process, and advocate for you in court. You can also benefit from knowing some basics about these two crimes.
What Is Burglary According to Minnesota Law?
Under Minnesota law, burglary occurs when a person unlawfully enters another person’s property or building with the intent to commit a crime inside. This crime may involve theft, but it could be some other offense such as:
- Assault
- Sexual assault
- Kidnapping
- Property damage
To prove a burglary offense, the prosecutor must show that the accused had no legal right to be on the premises and planned to commit a crime once inside. Even if no crime was completed, entering with intent can lead to burglary charges.
What are the Degrees of Burglary in Minnesota?
Minnesota categorizes burglary into multiple degrees depending on the circumstances surrounding the criminal acts.
- First-Degree Burglary: This form of the crime involves entering a dwelling while someone is present, often paired with a threat of force or use of a dangerous weapon.
- Second-Degree Burglary: These charges usually apply to burglaries involving certain buildings like schools or places of worship.
- Third-Degree Burglary: With this offense, the focus is on breaking into any building to commit a felony or gross misdemeanor
- Fourth-Degree Burglary: As the least serious form of the offense, this covers misdemeanor-level offenses like trespassing.
What are the Penalties for Burglary if I’m Convicted?
Penalties for burglary in Minnesota vary by degree. First-degree burglary, the most severe, carries up to 20 years in prison and fines of up to $35,000. Second-degree burglary may result in a sentence of up to 10 years and fines up to $20,000. Third-degree burglary can lead to 5 years in prison, and fourth-degree burglary typically results in shorter jail terms or probation.
These penalties often escalate if aggravating factors are present, such as when a victim suffers bodily harm.
How Do I Fight Burglary Charges in Minnesota?
Fighting burglary charges requires a robust legal strategy tailored to the case’s facts. Common defenses include proving no unlawful entry occurred, such as where the alleged offender had permission to be present on the property. Another strategy to fight burglary charges is to demonstrate a lack of intent to commit a crime inside. Mistaken identity and challenging the prosecution’s evidence are other effective tactics.
In some cases, you may not have a complete defense to the charges. Strategies to fight burglary crimes may also include negotiating with prosecutors to secure a favorable outcome.
What Does Robbery Mean Under Minnesota Law?
Robbery in Minnesota involves taking property from another person using force or threats of violence. Unlike burglary, robbery always includes a direct interaction with the victim. There are two forms of robbery, and the difference lies in the use of weapons or threats:
- Simple robbery involves taking property from another person using force, intimidation, or threats without a weapon.
- Aggravated robbery includes additional factors, such as using or threatening a weapon or causing significant bodily harm during the robbery.
These distinctions lead to varying penalties under Minnesota law.
How is Simple Robbery Punished?
Simple robbery in Minnesota is considered a felony offense and carries severe penalties. A conviction can result in up to 10 years in prison, fines of up to $20,000, or both. Courts may impose harsher penalties if the offense involved vulnerable victims, prior convictions, or other aggravating factors.
In addition, you should bear in mind that the implications of a conviction often extend beyond legal penalties. Various types of collateral consequences could affect your future employment and housing opportunities.
What are Minnesota Laws on Aggravated Robbery?
Aggravated robbery crimes are also broken down into two separate offenses, which are distinguished by degree. Aggravated robbery in the first degree is one of the most serious robbery offenses in Minnesota. This charge applies when the offender uses or threatens a deadly weapon or inflicts serious bodily harm during the crime.
If convicted, individuals face up to 20 years in prison, fines of up to $35,000, or both. These penalties reflect the heightened danger and harm associated with first-degree aggravated robbery.
What is the Punishment for Aggravated Robbery in the Second Degree in Minnesota?
Second degree aggravated robbery occurs when an individual implies possession of a weapon or threatens significant harm to take property from another person. This offense does not require actual use of a weapon, but a conviction still carries severe penalties.
If convicted, a person could face up to 15 years in prison, fines of up to $30,000, or both. Courts consider factors like prior convictions and the crime’s impact on the victim.
Do I Have a Defense to Robbery Charges?
Several defenses can be effective against robbery charges in Minnesota, depending on the case’s specifics. Keep in mind that a defense strategy starts by attacking the prosecutor’s case-in-chief. If the government does not have sufficient evidence to prove guilt beyond a reasonable doubt, the defendant could be acquitted.
Other common defense strategies for robbery charges include:
- Proving a lack of intent to commit the crime
- Establishing an alibi
- Showing mistaken identity
- Self-defense
What Are the Steps to Take After an Arrest in Minnesota?
After an arrest for robbery or burglary in Minnesota, it’s essential to act promptly to protect your rights. Most importantly, exercise your right to counsel under the Sixth Amendment. You should reach out to an experienced criminal defense attorney experienced in Minnesota law right away. In addition:
- Remain silent during encounters with police. Avoid providing statements to law enforcement or answering officers’ questions without an attorney present.
- Never resist arrest or engage in confrontations with police.
- Gather and preserve any evidence that supports your case, such as witness statements or security footage.
Throughout the process, make sure to follow your attorney’s advice to build a strong defense and prepare for court proceedings.
Consult with a Skilled Defense Lawyer for Theft Offenses in Minnesota
This overview should explain the difference between robbery and burglary in Minnesota, but there are many details you need to know if you face charges. Don’t risk your future without experienced legal help. Call Gerald Miller, P.A. at 612-341-9080 for a free consultation.
Our skilled criminal defense attorneys will evaluate your case, explain your rights, and develop a strong defense strategy tailored to your situation. Contact us today to protect your rights and pursue the best possible outcome.
Related Content:
- How to Get a Robbery Dismissed in Minnesota
- What Happens When You Get Charged with Robbery in Minesota
- How to Get a Theft Charge Dismissed in Minnesota
- Can Charges Be Dismissed at an Arraignment Hearing in Minnesota?
