Burglary Charges in Minnesota: What You’re Really Facing
By Sullivan Rice
Jack Rice Defense Explains the Law, the Risks, and Your Legal Options
Being charged with burglary in Minnesota is serious. It’s a felony offense that can result in years behind bars—even if nothing was stolen. Criminal defense attorney Jack Rice, a former prosecutor and nationally known legal analyst, breaks down what burglary charges really mean, and why the right legal defense can make all the difference.
What Is Burglary in Minnesota?
Burglary is defined under Minnesota Statute § 609.582 as unlawfully entering a building without consent and with the intent to commit a crime inside. Contrary to common belief, the crime doesn’t have to be theft—it could involve assault, property damage, or any other criminal activity once inside.
Jack Rice explains:
“People hear ‘burglary’ and assume someone kicked down a door and robbed a house. But under Minnesota law, entering a garage or even an unlocked building with criminal intent can result in a felony charge. It’s the intent that triggers burglary—not whether something was stolen.”
Degrees of Burglary in Minnesota
Minnesota law recognizes four degrees of burglary, based on the circumstances of the offense:
1st Degree Burglary: Involves entering a dwelling with a weapon, or when someone is present and harmed or threatened.
Penalty: Up to 20 years in prison and $35,000 fine amd can result in presumptive prison commit.2nd Degree Burglary: Involves entry into a dwelling without a weapon, or a non-dwelling with tools or intent to commit a crime.
Penalty: Up to 10 years and $20,000 fine.3rd Degree Burglary: Entry into any building with intent to steal or commit a felony/gross misdemeanor.
Penalty: Up to 5 years and $10,000 fine.4th Degree Burglary: Entry into a building with intent to commit a misdemeanor (such as trespassing or disorderly conduct).
Penalty: Up to 1 year and $3,000 fine.
Key Issues in a Burglary Case
Each case is unique, but Jack Rice says there are common legal questions that come up in burglary defense:
Was there forced entry, or was the building open or accessible?
Did the accused have permission or legal authority to be there?
Was there clear intent to commit a crime inside—or was it a misunderstanding?
Was the alleged “crime inside” ever actually committed?
“Intent is the linchpin of most burglary cases,” Rice says. “You may have entered a building unlawfully, but unless the state can prove you intended to commit a crime inside, their case may fall apart.”
Possible Legal Defenses
At Jack Rice Defense, strategies are built on uncovering the facts and dismantling the prosecution’s narrative. Some common defenses to burglary charges include:
Lack of intent to commit a crime
Mistaken identity or false accusation
Consent to enter the property
Lack of evidence or unreliable witness testimony
Violation of constitutional rights (e.g., illegal search or seizure)
Why You Need a Skilled Defense Attorney
A burglary conviction can carry lifelong consequences—beyond prison time. It can affect employment, housing, firearm rights, and more. That’s why it’s critical to have an attorney who understands not only how prosecutors build these cases—but how to tear them apart.
Jack Rice brings decades of criminal law experience, both as a former prosecutor and as a passionate defense lawyer fighting for Minnesotans in state and federal courts.
Charged with Burglary? Jack Rice Defense Is Ready to Help
If you or someone you care about has been charged with burglary, you need to act fast. These are complex cases, and every detail matters. At Jack Rice Defense, we listen, investigate, and fight for your future with skill and strategy.
Contact Jack Rice today for a confidential consultation. When your freedom is on the line, experience matters. Let Jack Rice stand between you and the system.
