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Burglary

Burglary (or breaking and entering) is a crime involving entry into a structure for the purposes of committing a criminal act - usually theft. In Minnesota, burglary charges are brought according to the type of building entered and the acts performed once entry is achieved. The Minnesota burglary statute contains four degrees of burglary.

First Degree Burglary

Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent and commits a crime while in the building, either directly or as an accomplice, commits burglary in the first-degree, if (1) 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; (2) the burglar possesses, when entering or at any time while in the building, any of the following: a dangerous weapon, any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon, or an explosive; or (3) the burglar assaults a person within the building or on the building's appurtenant property.

Second Degree Burglary

Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent and commits a crime while in the building, either directly or as an accomplice, commits burglary in the second-degree if (1) the building is a dwelling; (2) the portion of the building entered contains a banking business or other business of receiving securities or other valuable papers for deposit or safekeeping and the entry is with force or threat of force; (3) the portion of the building entered contains a pharmacy or other lawful business or practice in which controlled substances are routinely held or stored, and the entry is forcible; or (4) when entering or while in the building, the burglar possesses a tool to gain access to money or property.

Third Degree Burglary

Whoever enters a building without consent and with intent to steal or commit any felony or gross misdemeanor while in the building, or enters a building without consent and steals or commits a felony or gross misdemeanor while in the building, either directly or as an accomplice, commits burglary in the third-degree.

Fourth Degree Burglary

Whoever enters a building without consent and with intent to commit a misdemeanor other than to steal, or enters a building without consent and commits a misdemeanor other than to steal while in the building, either directly or as an accomplice, commits burglary in the fourth-degree.

If you’ve been arrested or charged with burglary in Minnesota, contact us right away. The earlier you involve an attorney, the sooner we can gather evidence, interview witnesses, and address other important issues in your defense. Call our law firm now for a free consultation: (218) 736-5456.

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NEWS:

Svingen, Karkela, Cline, Haugrud, Hunt, Larson & Jensen, PLLP is pleased to announce the addition of Jamison W. Cichosz as a partner, effective April 1, 2009. Mr. Cichosz will practice in the areas of criminal law, family law, workers’ compensation and general litigation.

Jamison W. Cichosz graduated Magna Cum Laude from the University of St. Thomas in 1999 with degrees in both Business Administration and Spanish.  He then went on to graduate from the University of North Dakota School of Law in 2002 after which he moved to the Fergus Falls area.  Mr. Cichosz has been practicing in the areas of criminal law, family law and general litigation since being licensed.  

Mr. Cichosz has become active in the community since moving to Fergus Falls.  He is a two-time past commander at VFW Post 612 in Fergus Falls.  He has taught criminal law and criminal procedure at Minnesota State Community and Technical College in Fergus Falls.  He was the City Prosecutor between 2002 and 2007 and is currently a member of the Fergus Falls City Council.  For enjoyment, Mr. Cichosz coaches youth football and spends time with his family.


Sheila Harms was a featured speaker for the Career Day on April 3, 2009 hosted by the Pelican Rapids Chapter of Rotary.


J.J. Cline, Allen Haugrud, and Paul Hunt served as attorney coaches in the 2009 Minnesota High School Mock Trial Competition.  The Minnesota State Bar Association will recognize the more than 500 mock trial volunteers in the May/June issue of Bench & Bar.


Greg Larson has been selected for inclusion on the 2008 Minnesota Rising Stars list, featuring the top young lawyers in the state. Rising Stars is published in a special advertising section of the December 2007 issues of Minnesota Law & Politics, Twin Cities Business and Mpls/St. Paul Magazine. The list of Rising Stars also appears on the web at superlawyers.com.

 
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