What’s the Difference Between Robbery and Burglary in Minnesota?

Posted by Kyle Dreger on Dec 18, 2024

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.

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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.

Simple Robbery in Minneapolis and Minnesota

The crime of simple robbery is governed by Minnesota Statute Section 609.24. In order for the prosecution to obtain a conviction for simple robbery, they must prove that the accused took property from another person or in their presence without authorization. Additionally, the prosecutor must also show that this taking was done while using or threatening the imminent use of force.

The use of force is a broad term that means more than simply threatening another person to hand over their property. According to the statute, the imminent use of force means a physical act that overcomes a person’s resistance or their power to resist. This means force could be anything from restraining a person to snatching something from their hands. Physical force could also mean a violent assault intended to compel a person to give up their property.

It is important to remember that simple robbery could involve either the use of force or the threat of use of force. It is possible to commit this offense without ever touching another person, much less causing them physical harm. Threatening the use of force or even implying that you intend to use force if necessary is enough to result in a conviction for simple robbery.

Despite simple robbery being the lowest-level robbery offense under state law, the maximum penalty for a conviction is substantial. If convicted, the sentence could be as much as 10 years imprisonment, a fine of no more than $20,000, or a combination of the two.

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.

Aggravated Robbery in Minneapolis and Minnesota

If you’re wondering what is robbery in Minneapolis, you should know the types of aggravating robbery. There are two different types of aggravated robbery offense: aggravated robbery in the 1^st degree and aggravated robbery in the 2^nd degree. The specifics of these offenses are similar, but aggravated robbery in the 1^st degree carries the steeper penalties of the two charges.

Aggravated Robbery in the 1^st Degree

An aggravated robbery charge is a standard robbery offense that includes the use of a dangerous weapon or bodily harm. The offense of aggravated robbery is governed by Minnesota Statute Section 609.245.

According to the statute, aggravated robbery in the 1^st degree occurs when a person commits a simple robbery:

While armed with a dangerous weapon,
While wielding an article fashioned or used in a manner that makes the victim believe it is a dangerous weapon, or
While inflicting bodily injuries

This gives state prosecutors an array of options for securing a conviction. There are countless items that could be considered dangerous weapons, including firearms or knives. It can also involve less-obvious weapons like baseball bats, two-by-fours, or even motor vehicles.

What’s more, it is also possible to secure a conviction for aggravated robbery in the 1^st degree by wielding something other than a dangerous weapon. The important factor is whether or not the item was fashioned or used in a manner that makes the alleged victim believe it was a weapon. This could include anything from a toy guy to a piece of wood shaped like a knife. Under the law, making a person believe you are wielding a dangerous weapon is as bas as actually wielding one.

Finally, the threshold for inflicting bodily harm is also low. The injuries that result from a robbery do not have to be severe in order for the state to earn a 1^st degree robbery conviction. Bodily harm is defined as anything that causes “physical pain or injury, illness, or any impairment of physical condition.”

Like the other offenses, robbery in the 1^st degree is a felony under state law. A conviction could net a prison term of up to 20 years. It could also carry a fine of no more than $35,000. Alternatively, the court could order any combination of the two.

Aggravated Robbery in the 2^nd Degree

The offense of robbery in the 2^nd degree is similar to the 1^st degree version of the offense. Like any robbery charge, this offense requires proof of a forceful taking of property from another person. The major difference between 1^st and 2^nd degree robbery is that 2^nd degree robbery involves the implication that a dangerous weapon is present. For example, wielding a firearm during a robbery would qualify as 1^st degree while telling someone you have a gun in your pocket would qualify as 2^nd degree robbery. Alternatively, the implication could involve an act like indicating there is a weapon in your pocket. It is possible for the state to prove 2^nd degree robbery even if the alleged victim has not sustained any injuries.

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. The penalties for 2^nd degree robbery are not as steep as robbery in the 1^st degree. If convicted, you could face as much as 15 years in state conviction, a fine of no more than $30,000, or a combination of the two.

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.

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FAQs About Robbery and Burglary in Minnesota

How does robbery differ from burglary?

Robbery and burglary differ in intent and interaction with victims. Robbery involves taking property from a person using force or threats. Burglary involves unlawfully entering a building to commit a crime, often without direct interaction with the victim.

What is the definition of burglary in Minnesota?

In Minnesota, burglary is defined as unlawfully entering a building with the intent to commit a crime, such as theft or assault. The entry must be unauthorized, and the crime does not need to be completed for charges to apply.

Is simple robbery a felony in Minnesota?

Yes, simple robbery is a felony in Minnesota. It involves taking property from another person using force or intimidation and carries penalties of up to 10 years in prison, fines of up to $20,000, or both, depending on the circumstances.

What are the three types of burglaries?

The three types of burglaries in Minnesota include residential burglary, commercial burglary, and vehicle burglary. Residential burglary involves homes, commercial burglary targets businesses or public buildings, and vehicle burglary involves unlawfully entering cars or other vehicles to commit a crime.