Introduction
In Minnesota, people often confuse burglary and robbery, assuming they’re the same offense. While both involve illegal activity and can result in serious felony charges, the legal definitions, circumstances, and penalties are very different.
Understanding the difference between burglary and robbery can help you recognize the severity of a charge — and more importantly, what kind of defense you may need. At Martine Law, we defend individuals across Minnesota facing complex criminal accusations like these.
What Is Burglary in Minnesota?
Burglary is defined as unlawfully entering a building with the intent to commit a crime inside, such as theft, assault, or vandalism. It does not require direct contact with another person and often occurs when the building is unoccupied.
Degrees of Burglary
Burglary is classified into four degrees in Minnesota under Minnesota Statutes § 609.582:
- First-Degree Burglary: Involves entering a dwelling with a dangerous weapon, assault, or when another person is present.
- Felony – Up to 20 years in prison and/or $35,000 fine
- Second-Degree Burglary: Involves entry into a government building, bank, pharmacy, or dwelling without a weapon.
- Felony – Up to 10 years in prison and/or $20,000 fine
- Third-Degree Burglary: Entry into any building with intent to steal or commit a felony or gross misdemeanor.
- Felony – Up to 5 years in prison and/or $10,000 fine
- Fourth-Degree Burglary: Entry with intent to commit a misdemeanor (non-felony crime).
- Gross Misdemeanor – Up to 1 year in jail
Burglary is considered a property crime, not a violent one — unless accompanied by assault or threats.
What Is Robbery in Minnesota?
Robbery is defined as taking property from someone by force or threat of force. Unlike burglary, robbery requires interaction with a victim and involves violence or intimidation.
Degrees of Robbery
Robbery falls under Minnesota Statutes § 609.24 & § 609.245:
- Simple Robbery (Minn. Stat. § 609.24): Using or threatening force to take property without a weapon.
- Felony – Up to 10 years in prison and/or $20,000 fine
- Aggravated Robbery – First Degree (Minn. Stat. § 609.245 Subd. 1): Robbery involving a dangerous weapon or bodily harm.
- Felony – Up to 20 years in prison and/or $35,000 fine
- Aggravated Robbery – Second Degree (Minn. Stat. § 609.245 Subd. 2): Implied possession of a weapon or threats, even if a weapon is not shown.
- Felony – Up to 15 years in prison and/or $30,000 fine
Robbery is considered a violent crime, which often leads to harsher penalties than burglary.
Burglary vs. Robbery: What’s the Difference?
| Feature | Burglary | Robbery |
| Involves force/threat? | Not necessarily | Yes – essential element |
| Requires victim presence? | No | Yes |
| Focus | Unlawful entry to commit a crime | Taking property through intimidation |
| Legal category | Property crime | Violent crime |
| Charges | Up to First-Degree Burglary (Felony) | Up to First-Degree Robbery (Felony) |
In short, burglary is about where you go and why, while robbery is about how you take something and from whom.
Can You Be Charged with Both?
Yes. If someone breaks into a home (burglary) and then confronts a person inside and takes something through force (robbery), they could be charged with both crimes. This scenario significantly increases the legal risk and sentencing exposure.
A conviction for either offense can lead to felony records, long prison terms, and permanent damage to your reputation and opportunities. That’s why getting legal help early from Martine Law is critical.
Common Examples
- Burglary Example: Entering an empty house through a window to steal electronics. No confrontation with the homeowner.
- Robbery Example: Approaching someone at an ATM, threatening them with harm, and taking their wallet.
- Both: Breaking into a convenience store at night, then threatening a clerk with a knife when discovered.
Penalties and Long-Term Impact
Both burglary and robbery carry severe consequences, especially if aggravating factors like weapons, repeat offenses, or injury are present.
Consequences Can Include:
- Prison time (5–20+ years)
- Felony record affecting employment, housing, and firearm rights
- Restitution to victims
- Probation, supervised release, or parole
In addition, some violent robbery cases can trigger mandatory minimum sentences, especially if firearms were used.
Legal Defenses to Consider
There are several possible defenses to burglary or robbery charges in Minnesota:
- Lack of intent to commit a crime after entry (in burglary cases)
- Consent to enter the property
- Mistaken identity or false accusation
- No use or threat of force (reducing robbery to theft)
- Violation of constitutional rights, such as unlawful search or arrest
Our attorneys at Martine Law investigate every angle to build a strong, customized defense strategy.
Why You Need a Criminal Defense Attorney
Facing a burglary or robbery charge can feel overwhelming — but you don’t have to handle it alone. The legal team at Martine Law is experienced in defending against serious felony charges. We will:
- Evaluate the prosecution’s evidence
- Challenge improper police procedures
- Negotiate for reduced or dismissed charges
- Represent you powerfully in court if needed
We work tirelessly to protect your rights, freedom, and future.
Final Thoughts
Burglary and robbery are two distinct charges in Minnesota, each with its own legal definition, evidence requirements, and penalties. The difference lies in the use of force and the presence of a victim.
If you’ve been charged with either — or both — don’t delay. Contact Martine Law for a confidential consultation and start building your defense today.