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Burglary is a theft-related crime, but burglary charges do not always require theft. There are varying degrees of Burglary, each having their own distinct penalties.

If you have been charged with or are under investigation for burglary, the attorneys at Valentini law are here to help. Contact us at (612) 341-0900 to secure experienced and professional representation for your case.

First Degree Burglary

First degree burglary is a felony offense. This charge occurs if you entered a building without consent and you either committed a crime or had the intent to commit a crime. Other factors that play a role in first degree burglary are whether:

• the building was a home, and a non-accomplice was present;
• you possessed or a victim reasonably believed you possessed a dangerous weapon or explosive; or
• you assaulted someone within or on the property.

If you are charged with first degree burglary, the penalties include up to 20 years in prison and/or a $35,000 fine.

• If the building was a home, then there is a mandatory minimum of 6 months in jail.

Second Degree Burglary

Second degree burglary is a felony offense. This charge occurs if you entered a building without consent and you either committed a crime or had the intent to commit a crime. Other factors that play a role in second degree burglary are whether:

• the building was a home;
• the building was a government building, religious establishment, historic property, or school building;
• the portion of the building entered contained a banking business, or a business of receiving securities or other valuable papers for deposit, and you entered with force or threatened force;
• the portion of the building entered contained a pharmacy or other lawful business where controlled substances are routinely stored, and the entry was forcible; or
• you possessed tools to gain access to money or property, when you either entered the building or while you were in the building.

If you are charged with second degree burglary, the penalties include up to 10 years in prison and/or a $20,000 fine.

Third Degree Burglary

Third degree burglary is a felony offense. This charge occurs if you entered a building without consent and you committed a felony or gross misdemeanor, stole, or had the intent to commit a felony or gross misdemeanor or steal. Other factors that play a role in third degree burglary are whether:

• you entered the building within one year after being told to leave the building and never return; and
• you have been convicted of wrongfully obtaining assistance, fraud, simple robbery, aggravated robbery, theft, organized retail theft, receiving stolen property, forgery, aggravated forgery, check forgery, financial transaction card fraud, or third degree burglary within the past five years.

If you are charged with third degree burglary, the penalties include up to 5 years in prison and/or a $10,000 fine.

Fourth Degree Burglary

Fourth degree burglary is a gross misdemeanor offense. This charge occurs if you entered a building without consent and committed a misdemeanor other than to steal or had the intent to commit a misdemeanor other than steal. You may also be charged with fourth degree burglary if you entered a building that was open to the public and stole or had the intent to steal. If you are charged with fourth degree burglary, the penalties include up to 364 days in jail and/or a $3,000 fine.