Being arrested and accused of breaking into a building can be extremely distressing. Burglary is a serious crime that can result in life-altering consequences. Additionally, navigating the criminal justice system can feel daunting without legal guidance.
If you have been charged with breaking and entering a building, a devoted Mankato burglary lawyer can provide rigorous representation against the charges. A theft attorney from Kohlmeyer Hagen, Law Office Chtd. can guide you throughout the process and protect your rights.
Burglary is often called “breaking and entering” because it typically involves entering a building without permission and intending to commit another crime, which is most often theft but can include other crimes like stalking.
The state classifies burglary into four degrees, which depend on the specific facts surrounding the alleged acts.
Fourth-degree burglary is the least serious of the degrees and can be charged if the other crime is a misdemeanor, except stealing.
The charge can become a third-degree burglary if there is intent to steal property or commit another felony.
A prosecutor may pursue a second-degree burglary charge if the building entered was a dwelling (someone’s home), a bank, or a pharmacy with controlled substances. A person may also be charged with this offense if they use a tool to gain access to money or other valuable property.
First-degree burglary is the most serious type of burglary offense and can be charged if the building is a dwelling and another person is present inside. The prosecutor can also bring this charge if the alleged burglar possessed a firearm, a knife, or another deadly weapon, or if they assaulted someone inside the building.
The prosecutor’s decision on which degree to charge someone will often come down to a seemingly small detail that the person may not have thought about. Regardless of the type of charge, a person accused of burglary in Mankato should consult with an experienced defense attorney to get a better understanding of the possible penalties and legal options.
Under state law, a person convicted of burglary may be sentenced to jail time, fines, or both, with the maximum jail time and fines varying depending on the degree of the crime. For instance, a conviction for fourth-degree burglary can result in up to one year in jail and a $3,000 fine. For a third-degree burglary charge, a person can face a maximum sentence of five years in jail and a $10,000 fine.
The potential penalties increase further with a second-degree burglary charge, which can result in up to 10 years in jail and a $20,000 fine. A conviction for first-degree burglary, the most serious offense, can result in up to 20 years in prison and a $35,000 fine. Additionally, a first-degree burglary conviction also carries a mandatory minimum sentence of six months in jail regardless of the circumstances.
While these penalties are allowed under state law, the actual sentence will depend on the judge’s decision. The judge must consider both sides when issuing a sentence. Unfortunately, the prosecutor’s goal will be to pursue maximum penalties. This is why anyone facing burglary charges in Mankato should have a dedicated attorney by their side to advocate on their behalf.
If you are being accused of burglary, you may be feeling overwhelmed and confused about the next steps. Burglary is a serious crime and can result in significant consequences. A Mankato burglary lawyer can help you understand your charges and explore defense strategies.
A trusted attorney can help guide you through the criminal justice system and advocate for your rights. Get in touch with Kohlmeyer Hagen, Law Office Chtd. to set up a meeting with a lawyer and begin crafting your defense.
