Burglary Lawyer

Burglary charges should not be taken lightly in Minnesota. Whether you have been charged with intent to commit burglary, or you are accused of committing burglary in the first degree, you may be facing jail or prison time and substantial fines if you are convicted. Burglary Lawyer Max Keller can help.

If you have been charged with burglary in Minneapolis, St. Paul, or one of the surrounding communities, you need an experienced criminal defense attorney on your side.

Call Burglary lawyer Max Keller at (952) 913-1421 for a free consultation.

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Masked housebreaker entering a house for stealing in the daytime. Thief in balaclava holding a crowbar to break a glass window.

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What Is Burglary in Minnesota?

It can be easy to use the terms burglary and robbery interchangeably. Under Minnesota law, however, they are two different types of theft crimes. While robbery refers to taking property from someone else using force or the threat of force, burglary in Minnesota refers to breaking and entering into a structure with the intent of committing or actually committing a crime.

Under Minnesota law, you can be charged with burglary even if no theft is involved. In fact, you can face charges even if you only have the intent to commit a crime.

Contact a Minnesota burglary lawyer at Keller Criminal Defense Attorneys for help.

What Are the Degrees of Burglary in Minnesota?

In Minnesota, there are four degrees of burglary charges. A burglary charge in the first degree is the most serious.

Minnesota considers it a crime for someone to enter a building without permission, even if the person is simply an accomplice. All four degrees of burglary charges include that key component. Each level of crime is distinguished by the following factors, however.

First Degree Burglary

You may face first degree burglary charges if you are accused of at least one of the following: Entering a dwelling where there was another person present; having a dangerous weapon or leading someone to believe an item was a dangerous weapon; or committing assault while in the building.

Second Degree Burglary

Second degree burglary charges may apply if you’re accused of entering a dwelling or a government building, school, historic property or religious establishment; or if the area you’re accused of entering has a banking pharmaceutical-related business; or if you allegedly used a tool used to gain access to either property or money.

Third Degree Burglary

You may be accused of burglary in the third degree if you are accused of entering a building with the intent to commit a crime, or actually committing any gross misdemeanor or felony. Third degree charges are common when a person is caught before the theft occurs.

Fourth Degree Burglary

If you’re accused of entering a building with the intent to steal, you may face burglary charges in the fourth degree. Although fourth degree charges are the least serious, you can still face jail time, a criminal record, and a substantial fine if you are convicted.

What Are the Penalties for Burglary Charges in Minnesota?

The penalties for a burglary conviction range from up to one year in prison and a $3,000 fine for fourth-degree burglary, to up to 20 years in prison and a $35,000 for felony first-degree charges.

 It is important to note that Minnesota views a home invasion as a burglary, as evidenced by the first- and second-degree charges. The state punishes these felony crimes more harshly, as it considers the crime to have occurred in a very personal and private space. This is different from trespassing, which merely involves going onto private property without consent without entering a building. In Minnesota, trespassing is typically only considered a misdemeanor.

Why Hire a Minnesota Burglary Lawyer?

If you have been charged with burglary or a related crime, you need to get legal representation right away. Hiring an attorney who has experience defending felony charges for burglary can help you avoid years in prison and steep fines.

At Keller Criminal Defense Attorneys, we provide aggressive criminal defense to make sure your rights are protected. We look for weaknesses in the prosecution’s case and negotiate with the prosecution to reduce your charges. In some cases, we may be able to get your criminal charges dropped altogether. Call our office at (952) 913-1421 for a free consultation.

What Is the Process for Appealing a Conviction?

Appealing a criminal conviction is a methodical process that involves specific steps, including the following:


Serve the appeal papers

Within the allowed timeframe, generally no later than 60 days following the initial court ruling, you will initiate your case by submitting the appropriate forms and papers to the other parties involved. These documents will also get filed with the Court of Appeals and district court, or with the involved government agency.

Prepare the records and transcripts

Once the district court receives the paperwork, it will begin preparing a record of what happened in the previous trial. This includes gathering papers filed in conjunction with the case and exhibits presented before the court. In deciding appellate cases, the courts do not generally consider any new evidence.

File the brief

In addition to other information reviewed by the appeals court, you as the appellant will file a written argument, known as a brief. This written argument will describe what occurred during the district court trial, as well as lay out the miscarriage of justice that occurred and why the decision should be reversed, or the case remanded as a result.

Participate in the oral argument or non-oral conference

Once all the necessary documents are submitted, the case is scheduled for an oral argument or non-oral conference before a panel of three judges. At the oral argument, your attorney will appear to explain the argument for your appeal and answer questions posed by the panel. At a non-oral conference, the three judges meet without lawyers present to review and discuss the appeal.

Receive the decision

Typically, within 90 days of the oral argument or non-oral conference, the panel will issue a written opinion explaining the decision on the appeal. After issuing an opinion, the Court of Appeals does not rehear or reconsider appellate cases. However, you may still have options for pursuing your motion with a higher court.

Were your rights violated during your arrest, and you were convicted as a result? Contact the Minnesota criminal appeal attorney at Max Keller Criminal Defense Attorneys for help,