Understanding the Burglary MN Statute

Posted by Kyle Dreger on Oct 14, 2025

Under the burglary MN statute (Minnesota Statutes § 609.582), burglary occurs when a person enters a building without consent and has the intent to commit a crime inside. Minnesota law defines four degrees of burglary, each based on the location, the presence of people, and whether a dangerous weapon or assault occurs. Minnesota distinguishes burglary offenses into four degrees: first-degree, second-degree, third-degree, and fourth-degree. Penalties range from a felony offense with years in prison to a gross misdemeanor with jail time and fines.

In Minnesota, burglary is a serious felony that covers much more than simple breaking and entering. The burglary MN statute criminalizes any unlawful entry into a structure with the intent to commit a crime inside — whether theft, assault, or another offense. Even entering a garage, school, or occupied dwelling without consent can lead to felony charges.

Unlike trespassing, burglary does not require that a robbery or assault actually occur. The law focuses on the intent behind the entry. Prosecutors often rely on circumstantial evidence to prove that a person intended to commit a crime when entering the property.

If you have been accused of burglary, contact the criminal defense lawyers at Gerald Miller P.A. today at (612) 440-4608 for a free case evaluation.

The Four Degrees of Burglary in Minnesota

The Minnesota burglary statute divides burglary into four degrees, each carrying distinct elements and penalties depending on the nature of the entry, location, and potential harm.

First-Degree Burglary (Minn. Stat. § 609.582 Subd. 1)

A person commits first-degree burglary when they enter a building without consent and:

• The building is a dwelling, and another person is inside.
• The burglar assaults someone inside the dwelling, or
• The burglar possesses a dangerous weapon or explosive.

Burglary in the first degree is the most serious burglary offense and a felony punishable by up to 20 years in prison and substantial fines. A conviction can also trigger a mandatory minimum sentence if the burglar assaults a person or uses a weapon during the crime. Additionally, the maximum fine for first-degree burglary can reach $35,000.

Burglary in the first degree can also lead to other charges, such as criminal trespass. A person convicted of first-degree burglary of an occupied dwelling must serve a minimum of six months in jail.

Second-Degree Burglary (Minn. Stat. § 609.582 Subd. 2)

Second-degree burglary occurs when a burglar enters a building without consent and intent to commit a crime. Here is what constitutes burglary in the second degree:

• The building is a government building, school building, banking business, or religious establishment;
• The building is a dwelling, but unoccupied.
• The burglar uses burglary tools or theft tools to gain access.
• The building contains other valuable papers or property related to another lawful business.

Burglary in the second offense is a felony offense punishable by up to 10 years in prison and large fines. These cases often involve serious property damage or entries into protected locations like historic properties or religious establishments. The maximum fine for second-degree burglary can reach $20,000.

Third-Degree Burglary (Minn. Stat. § 609.582 Subd. 3)

A third-degree burglary charge applies when a burglar enters a building without consent and has the intent to commit a felony or gross misdemeanor inside. It does not matter whether the crime is completed; the focus is on the intent at the time of entry.

Penalties for burglary in the third degree include up to five years in prison and fines. Prosecutors often file this charge when the burglary involves breaking and entering into commercial or other business properties. The maximum fine for third-degree burglary can reach $10,000.

If the person convicted of burglary in the third degree has prior offenses or uses burglary tools to gain access, the court may impose harsher penalties.

Fourth-Degree Burglary (Minn. Stat. § 609.582 Subd. 4)

Fourth-degree burglary is the least severe offense, applying when someone enters a building without consent and intent to commit a misdemeanor other than theft or assault.

A conviction is a gross misdemeanor punishable by up to one year in jail and fines. Even so, this charge still results in a criminal record that can affect future employment or housing. The maximum fine for fourth-degree burglary is $3,000.

Burglary Tools and Related Offenses

Under Minnesota law, it is also illegal to possess burglary or theft tools. A burglar possesses tools such as lock picks, crowbars, or devices used to gain access to a property, and unlawfully commits a separate felony offense. Possession of burglary tools with the intent to commit burglary can result in a felony charge, punishable by up to three years in prison and/or a fine of $5,000.

Prosecutors must show that the tools were intended for use in a burglary. Even if no crime inside occurs, possession with intent can lead to criminal charges and significant penalties.

What the State Must Prove

To convict someone of burglary, the prosecution must establish beyond a reasonable doubt that the defendant:

1. Entered a building without consent; and
2. Had the intent to commit burglary and potentially other crimes once inside. The defendant’s intent is often established based on circumstantial evidence, such as burglary tools and the time of day the entry occurred.

1. Entered a building without consent; and
2. Had the intent to commit burglary and potentially other crimes once inside.

If both elements are proven, the case qualifies as burglary under Minnesota law. The degree depends on the circumstances — for example, whether the building is a dwelling, a government building, or a religious establishment historic property.

The use of a dangerous weapon, damage to a school building, or the presence of another person can elevate the charges to a higher degree burglary.

 

Examples of Where Burglary Can Occur

Burglary does not only happen in homes. Under the Minnesota statutes, charges can arise from entries into:

• Private residences or occupied dwellings
• Businesses and retail stores
• Government buildings or banking businesses
• Religious establishments or historic properties
• Garages, sheds, or other valuable papers storage areas

Even entering a building’s appurtenant property (such as a connected garage) without consent can satisfy the definition of burglary.

Penalties and Sentencing

Penalties for burglary depend on the degree burglary charged and any aggravating factors.

• First-degree burglary: Up to 20 years imprisonment and fines; may include a mandatory minimum term if a dangerous weapon was involved.
• Second-degree burglary: Up to 10 years imprisonment and fines.
• Third-degree burglary: Up to five years imprisonment or placement in a county workhouse for lesser offenses.
• Fourth-degree burglary: A gross misdemeanor, punishable by up to one year in jail.

Judges also consider prior felony or gross misdemeanor convictions, whether the burglar assaults someone, and whether controlled substances were found at the scene. A person convicted of multiple burglary offenses faces harsher penalties and limited sentencing alternatives. A burglary conviction often results in a loss of fundamental rights such as voting rights and the right to possess firearms.

Defending Against Burglary Charges

A strong criminal defense can challenge how prosecutors prove intent to commit a crime. Common defenses include:

• Mistaken identity — showing the wrong person was accused.
• Lack of intent — arguing there was no plan to commit burglary or theft.
• Consent — establishing the defendant was allowed to enter.
• Insufficient evidence — disputing how police gathered or interpreted information.

Defense lawyers examine every part of the case — from breaking and entering allegations to the recovery of theft tools — to determine whether the evidence meets legal standards. An experienced criminal defense lawyer at Gerald Miller P.A. can analyze the facts and build a strategy aimed at reducing or dismissing the charges.

How a Criminal Defense Attorney Helps

When you face Minnesota burglary charges, having qualified legal counsel is essential. A criminal defense attorney will:

• Review the police reports and the circumstances of the arrest.
• Investigate potential violations of your rights.
• Negotiate with prosecutors for reduced or alternative sentencing options, such as Sentence-to-Serve, in conjunction with the Minnesota Department of Corrections (DOC)
• Present evidence that challenges the state’s version of events.
• Prepare for trial if necessary to protect your future.

Because burglary is a felony offense, a conviction can lead to long-term consequences beyond jail time, including loss of employment, housing difficulties, and damage to reputation. A burglary conviction in Minnesota results in a permanent criminal record affecting employment and civil rights.

Get a Free Case Evaluation

Every burglary case is unique, and the outcome often depends on the quality of your defense. If you are facing burglary charges under the burglary MN statute, reach out to a trusted law firm immediately.

Gerald Miller P.A. has defended hundreds of clients across Minnesota against criminal charges, including first-degree burglary, second-degree burglary, and third-degree burglary. Our attorneys know how prosecutors handle these cases and how to build a defense that protects your rights.

Call Gerald Miller P.A. today at (612) 440-4608 or fill out our online form to schedule your free and confidential case evaluation. Our team is available 24/7 to discuss your situation and help you move forward.