Breaking and Entering in Minnesota: 5 Charges and Possible Penalties

Breaking and entering is a phrase most Minnesota residents know from movies and news headlines, but Minnesota law does not actually use those exact words in its criminal code. Instead, conduct that people commonly call breaking and entering can lead to five different criminal charges in the state, ranging from a misdemeanor for simple trespass all the way up to a first-degree felony with a 20-year maximum sentence and a $35,000 fine. The specific charge depends on where you were, what you intended to do, whether anyone was home, whether you had a weapon, and several other factors that the prosecutor evaluates when reviewing the police report. Understanding all five possible charges is essential for anyone who has been accused of unauthorized entry in Hennepin, Ramsey, or any other Minnesota county. This guide breaks down each charge in plain English, explains the penalties, and walks through what defenses may apply.

• What Minnesota law calls it: The five different charges that can flow from what people call breaking and entering.
• The penalty range: Everything from petty misdemeanor tickets to 20-year felony prison sentences.
• Defense strategies: How defense attorneys approach these cases and what outcomes are possible.

How Minnesota Law Handles Breaking and Entering

Minnesota does not have a crime officially called “breaking and entering.” Instead, unauthorized entry into buildings or property is covered by two main statutes: the burglary law at Minn. Stat. § 609.582 and the criminal trespass law at Minn. Stat. § 609.605.

What Is the Difference Between Burglary and Trespass?

The key difference is intent. Burglary requires that you enter a building without permission AND intend to commit some kind of crime while inside (or actually commit one). Criminal trespass is just entering or staying somewhere without permission, with no requirement to prove any additional criminal intent. This distinction matters enormously because burglary is typically a felony that carries years in prison, while most trespass charges are misdemeanors that lead to fines and short jail terms at most. Minnesota courts have made clear that the old common-law requirement of actually “breaking” something to enter is no longer required. Simply pushing open an unlocked door, walking through an open gate, or lifting an unlocked window is enough to satisfy the entry element of both burglary and trespass.

• Burglary requires intent: You must intend to commit a crime inside the building.
• Trespass just requires entry: No further criminal intent needed for a trespass conviction.
• No breaking required: Walking through an open door counts as unauthorized entry.
• Felony vs misdemeanor: Burglary is usually a felony; trespass is usually a misdemeanor.

What Are the Common Fact Patterns?

Breaking and entering cases in Minnesota most often involve one of a few recurring situations: someone entering a home while the residents are away (usually to steal), someone entering a business at night after hours, someone entering an ex-partner’s home during a domestic dispute, someone entering a garage or outbuilding to look for tools or valuables, and someone remaining in a public building after being told to leave. Each of these scenarios can be charged as different degrees of burglary or as criminal trespass depending on the specific facts. Prosecutors look at what was taken (if anything), what tools or weapons were involved, whether anyone was inside at the time, whether the person had any prior connection to the property, and the target of the entry (dwelling versus commercial building versus school or government facility).

• Home while owners away: Common third-degree burglary or first-degree if occupied.
• Business break-ins: Often charged as second-degree or third-degree burglary.
• Domestic dispute entries: Frequently charged as burglary alongside domestic assault.
• Refusal to leave: Trespass charges when someone stays after being asked to go.

5 Charges Someone Can Face for Breaking and Entering in Minnesota

The five charges below cover the full spectrum of unauthorized entry offenses in Minnesota. Each carries different penalties and requires different elements for prosecutors to prove, and defendants sometimes face multiple charges from the same incident.

1. Burglary in the First Degree (Felony, Up to 20 Years)

First-degree burglary is the most serious burglary charge in Minnesota, punishable by up to 20 years in prison and a $35,000 fine, plus a mandatory minimum of six months in custody when the burglary involved an occupied dwelling. Under Minn. Stat. § 609.582, Subd. 1, this charge applies when a person enters a building without consent and intends to commit any crime inside, if any of three aggravating factors is present: the building was a dwelling with someone (not an accomplice) present, the person had a dangerous weapon or something used to look like one, or the person assaulted someone in the building or on the property. This is the charge that most closely matches what people picture as a home invasion.

According to the Minnesota Office of the Revisor of Statutes, § 609.582, Subd. 1 provides that a person who enters a building without consent and commits or intends to commit a crime “may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both, if: (a) the building is a dwelling and another person, not an accomplice, is present in it when the burglar enters or at any time while the burglar is in the building”.

• Prison range: Up to 20 years in state prison.
• Fine range: Up to $35,000 in fines.
• Mandatory minimum: Six months for burglary of an occupied dwelling under Subd. 1a.
• Common triggers: Occupied home, weapon possession, or assault during the entry.

2. Burglary in the Second Degree (Felony, Up to 10 Years)

Second-degree burglary carries up to 10 years in prison and a $20,000 fine under Minn. Stat. § 609.582, Subd. 2. This charge applies in two main situations. The first is entering a dwelling (occupied or not), a bank or securities business by force, a pharmacy by force, or any building while possessing a tool for gaining access to money or property. The second is entering a government building, religious establishment, historic property, or school building without consent with intent to steal or commit criminal damage under Minn. Stat. § 609.52 or § 609.595. Second-degree charges frequently arise in cases where someone breaks into an unoccupied home or targets a specific type of building the legislature has singled out for extra protection.

• Prison range: Up to 10 years in state prison.
• Fine range: Up to $20,000 in fines.
• Common triggers: Unoccupied dwelling, force to enter banks or pharmacies, tool possession.
• Special buildings: Enhanced charges apply to schools, churches, government, and historic properties.

3. Burglary in the Third Degree (Felony, Up to 5 Years)

Third-degree burglary is punishable by up to 5 years in prison and a $10,000 fine under Minn. Stat. § 609.582, Subd. 3. The basic charge applies when a person enters a building without consent with intent to steal or to commit any felony or gross misdemeanor inside, or actually steals or commits such a crime while inside. A second version applies when someone enters a building that is open to the public with intent to steal, if they were previously told to leave and returned within a year AND have a prior conviction for certain theft-related offenses within the past five years. This is the most common felony burglary charge in Minnesota because it covers the widest range of ordinary building entries with theft intent.

• Prison range: Up to 5 years in state prison.
• Fine range: Up to $10,000 in fines.
• Common trigger: Intent to steal or commit any felony or gross misdemeanor inside.
• Repeat public entry: Enhanced penalty when a person previously trespassed and returned.

4. Burglary in the Fourth Degree (Gross Misdemeanor, Up to 364 Days)

Fourth-degree burglary is the only degree of burglary that is not a felony, carrying up to 364 days in jail and a $3,000 fine under Minn. Stat. § 609.582, Subd. 4. The basic charge applies when a person enters a building without consent with intent to commit a misdemeanor (other than stealing) inside, or actually commits such a misdemeanor inside. A second version, added by the Minnesota Legislature in 2023, applies when someone enters a building that is open to the public with intent to steal, if they have been previously told to leave within the past year (but without the prior conviction requirement of third-degree). This charge often arises in cases involving trespass into a building where the person also commits some minor misconduct, or repeated retail theft at a store where the person has been banned.

• Jail range: Up to 364 days in county jail.
• Fine range: Up to $3,000 in fines.
• Common trigger: Entry with intent to commit a misdemeanor other than theft.
• Retail theft version: Applies to store returns after being banned within the past year.

5. Criminal Trespass (Misdemeanor or Petty Misdemeanor)

Criminal trespass under Minn. Stat. § 609.605 is the least serious charge in the breaking and entering family, though it is still a criminal charge with real consequences. Most trespass violations are misdemeanors punishable by up to 90 days in jail and a $1,000 fine, while some are treated as petty misdemeanors with fines only. This charge applies to a range of unauthorized entry situations: entering land or a building after being told not to, remaining somewhere after being asked to leave, entering another person’s property to interfere with them, and trespassing at a school after being banned. Certain aggravated trespass situations (like trespassing at a critical public services facility such as a power plant or water treatment plant) can be charged as gross misdemeanors or even felonies.

• Standard misdemeanor: Up to 90 days in jail and $1,000 fine for most trespass.
• Petty misdemeanor: Fine-only for some minor trespass situations.
• Aggravated versions: Utility facilities and school trespass can carry stiffer penalties.
• No criminal intent needed: Unlike burglary, no plan to commit a crime is required.

How Defense Attorneys Approach Breaking and Entering Cases

Even serious burglary charges are frequently defendable in Minnesota courts. Defense attorneys attack the state’s case on multiple fronts and often secure dismissals, reduced charges, or favorable plea deals for their clients.

What Are the Most Common Defenses?

The most common defense to a burglary charge is that the defendant lacked the criminal intent required by the statute. Because burglary requires that the person entered with intent to commit a crime (or actually committed one inside), showing that the entry was for a legitimate purpose (visiting, retrieving property, or even mistake) can defeat the burglary charge and leave only a possible trespass count. Consent is another powerful defense: if the defendant had permission to enter, even implied permission from a former relationship or shared living situation, there is no burglary. Defense attorneys also challenge identification, attack the reliability of witness statements, and file motions to suppress evidence obtained through illegal searches. Alibi defenses supported by phone records, GPS data, and other evidence can also defeat these charges.

• Lack of intent: The most common winning defense to a burglary charge.
• Consent to enter: Actual or implied permission removes the burglary element.
• Identification issues: Witness misidentification is common in burglary cases.
• Search challenges: Illegally obtained evidence can be suppressed before trial.

Can These Charges Be Reduced or Dismissed?

Yes, plea negotiations in burglary and trespass cases often result in significant reductions. A first-degree burglary charge can sometimes be reduced to second or third degree, cutting the maximum penalty by half or more. Third-degree burglary can sometimes be pled down to fourth-degree burglary, converting a felony into a gross misdemeanor. Fourth-degree burglary and trespass cases frequently resolve through diversion programs, stays of adjudication, or dismissals when defendants complete community service, restitution, or other conditions. The specific outcome depends on the facts, the defendant’s prior record, and the aggressiveness of the defense. Getting an experienced defense attorney involved early gives the best chance of reducing or eliminating the charges.

• Degree reduction: Felony charges sometimes reduce to lower felony or gross misdemeanor levels.
• Diversion programs: Available in some counties for lower-level offenses.
• Stays of adjudication: Successful probation can result in dismissal and no conviction.
• Restitution deals: Paying back victims sometimes leads to reduced charges.

Frequently Asked Questions

Is breaking and entering the same as burglary in Minnesota?

Not exactly. Breaking and entering is a common phrase, but Minnesota law uses “burglary” for unauthorized entry with criminal intent and “criminal trespass” for unauthorized entry without further criminal intent. Both fall under the general concept of breaking and entering as it is commonly understood. Which specific charge applies depends on the facts of the case.

Do I have to actually break something to be charged with burglary?

No. Minnesota abolished the traditional common-law “breaking” requirement long ago, so entering through an unlocked door, an open window, or any other unforced means is enough. Simply walking into a building without permission satisfies the entry element of both burglary and trespass. The focus is on lack of consent, not on physical damage during entry.

What if I entered my own home or a family member’s home?

You cannot burglarize a place where you have permission to be. However, whether you have permission can become complicated in domestic situations, separations, or after court orders like Orders for Protection. If a court has ordered you not to be at a location, entering that location without consent can support both burglary and trespass charges. Speak with a defense attorney about the specifics of your relationship with the property.

How long do burglary convictions stay on my record in Minnesota?

Burglary convictions stay on your Minnesota criminal record permanently unless expunged. Fourth-degree gross misdemeanor burglary becomes eligible for expungement three years after sentence completion, and felony burglary convictions become eligible after four or five years. Expungement is discretionary and depends on the specific facts and your rehabilitation.

Can I be charged with burglary if I did not actually steal anything?

Yes. Burglary requires only that you entered with intent to commit a crime, or that you committed one while inside. Successfully stealing something is not required. Even if you entered planning to steal but changed your mind, you can still be convicted of burglary if the state can prove the initial criminal intent.

What is the difference between residential and commercial burglary?

Minnesota does not use those exact terms, but the location of the entry does affect the charge level. Entering a dwelling (a place used as a residence) typically results in more serious charges than entering a commercial building. First-degree burglary applies specifically when a dwelling is occupied, second-degree applies to any dwelling and to certain commercial spaces like banks and pharmacies, and third-degree applies to most other building entries with intent to steal.

Defend Your Future With The Law Offices of Josh Johnson

A breaking and entering charge in Minnesota can escalate from a manageable misdemeanor to a life-altering felony depending on facts you may not even fully understand yourself, and the right defense attorney can make the difference between prison time and a resolution that protects your future. The Law Offices of Josh Johnson defends burglary and criminal trespass clients across Hennepin, Ramsey, Dakota, Anoka, and Washington counties, combining detailed knowledge of Minn. Stat. § 609.582 and § 609.605 with strategic approaches that address every angle from lack of intent defenses to search warrant challenges to negotiated charge reductions. Josh Johnson personally reviews every case, examines every police report, and identifies the specific defenses that apply to your situation before making any decision about how to proceed. If you have been arrested or charged with any form of unauthorized entry in the Twin Cities area, contact The Law Offices of Josh Johnson today for a free, confidential consultation and find out what defenses apply to your case before your next court date arrives.