First-degree burglary is the most serious burglary charge in Minnesota, punishable by up to 20 years in prison and a fine of up to $35,000. Under Minnesota Statutes Section 609.582, subdivision 1, a standard burglary becomes first degree when any one of three aggravating circumstances is present: the building entered is an occupied dwelling, the person or an accomplice carries a dangerous weapon or explosive, or someone is assaulted during the incident.1Minnesota Office of the Revisor of Statutes. Minnesota Code 609.582 – Burglary Which path applies matters enormously, because Minnesota’s sentencing grid treats the three versions very differently, and actual prison time usually lands well below the statutory maximum.
The Three Ways a Burglary Becomes First Degree
Before any aggravator is considered, the state has to prove the basics: the person entered a building without consent and either intended to commit a crime inside at the moment of entry, or actually committed a crime once inside. Pre-formed intent is not required if a crime did in fact occur after entry.1Minnesota Office of the Revisor of Statutes. Minnesota Code 609.582 – Burglary Once those elements are met, the charge elevates to first degree under any one of the following conditions.
Occupied Dwelling
The building is a dwelling and someone other than an accomplice is present at any point during the incident. A dwelling is any building used as a permanent or temporary residence, which covers apartments, hotel rooms, and occupied campers. The other person does not need to see or confront the intruder. A sleeping resident or a child in another room is enough.
Dangerous Weapon or Explosive
The person or an accomplice possesses a dangerous weapon, an item made to look enough like one that a reasonable person would believe it is, or an explosive at any point during the burglary. “Dangerous weapon” includes any firearm whether loaded or unloaded, any device designed as a weapon capable of causing death or great bodily harm, and certain flammable liquids used in a way likely to cause death or serious harm.2Minnesota Office of the Revisor of Statutes. Minnesota Code 609.02 – Definitions The weapon does not have to be used or displayed. A concealed knife carried during the entry qualifies.
Assault During the Incident
The person assaults someone inside the building or on the surrounding property. This covers physical attacks and acts intended to make another person fear immediate harm, and no injury is required. A shove while fleeing or grabbing a resident who walks in on the break-in can be enough.1Minnesota Office of the Revisor of Statutes. Minnesota Code 609.582 – Burglary
What a Sentence Actually Looks Like
The 20-year maximum is a ceiling. In practice, most sentences are set by the Minnesota Sentencing Guidelines grid, which assigns the offense a severity level and cross-references it with the defendant’s criminal history score. First-degree burglary of an occupied dwelling (subdivision 1(a), with no weapon or assault) is a Severity Level 6 offense. First-degree burglary involving a weapon or an assault (subdivisions 1(b) and 1(c)) is Severity Level 8.3Minnesota Sentencing Guidelines Commission. Severity Levels of Offenses on the Standard Grid That two-level gap drives most of the sentencing difference.
For a Severity Level 8 first-degree burglary, the presumptive prison sentence climbs sharply with criminal history:
- Criminal history score 0: 48 months (range 41–57)
- Criminal history score 1: 58 months (range 50–69)
- Criminal history score 2: 68 months (range 58–81)
- Criminal history score 3: 78 months (range 67–93)
- Criminal history score 4: 88 months (range 75–105)
- Criminal history score 5: 98 months (range 84–117)
- Criminal history score 6 or more: 108 months (range 92–129)
4Minnesota Sentencing Guidelines Commission. 2025 Standard Grid, Section 4.A. Minnesota Sentencing Guidelines Commentary A first-time defendant faces a presumptive four years. Someone with six or more criminal history points faces nine.
Judges can depart from the grid when specific aggravating or mitigating factors justify it, such as a particularly vulnerable victim or a defendant who played a minor role. A departure requires on-the-record reasons.5Minnesota Office of the Revisor of Statutes. Minnesota Code 244.10 – Sentencing
Mandatory Minimums
Two mandatory minimums can override the usual sentencing analysis.
For a first-degree burglary of an occupied dwelling under subdivision 1(a), the court must impose at least six months of incarceration in a state facility or county workhouse. This applies regardless of prior record and cannot be suspended.1Minnesota Office of the Revisor of Statutes. Minnesota Code 609.582 – Burglary
When a firearm was possessed or used during the burglary by the defendant or an accomplice, Section 609.11 requires commitment to the commissioner of corrections for not less than three years. A judge cannot go below that floor even with mitigating factors.6Minnesota Office of the Revisor of Statutes. Minnesota Code 609.11 – Minimum Terms of Imprisonment
The First-Offense Dwelling Rule
One provision changes the picture dramatically for some first-time defendants. Under Section 609.583, when a person is convicted of a first burglary of a dwelling, the court presumes a stayed sentence with at least 90 days of incarceration as a probation condition rather than an executed prison term. The court can even waive the 90 days if the defendant pays restitution to the victim or completes community work service.7Minnesota Office of the Revisor of Statutes. Minnesota Code 609.583 – Sentencing First Burglary of Dwelling
The presumption does not override the six-month mandatory minimum for an occupied dwelling under subdivision 1a, and it does not apply when the defendant’s criminal history score already calls for an executed prison sentence on the grid. But for a true first-time defendant convicted of an occupied-dwelling burglary without a weapon or assault, the practical outcome can be probation with a jail stay instead of years in state prison. Violating probation can trigger imposition of the full underlying sentence.
How a Prison Sentence Actually Runs
A Minnesota felony sentence has two parts. The offender serves two-thirds of the pronounced sentence in custody. The remaining one-third is served on supervised release in the community.8Minnesota Office of the Revisor of Statutes. Minnesota Code 244.101 – Sentencing of Felony Offenders Who Commit Offenses on and After August 1, 1993 On a 48-month sentence, that works out to roughly 32 months in a correctional facility and 16 months of supervision.
Supervised release comes with conditions. The person reports to a corrections agent, follows release rules, and must stay law-abiding. A failed drug test, missed meeting, or new charge can trigger revocation, which sends the person back to custody to serve the remaining release time behind bars. The total sentence length does not change; only where the time is served.
Fines and Restitution
The maximum fine on a first-degree burglary conviction is $35,000. Separately, Section 611A.04 requires the court to consider restitution at sentencing. A victim may submit an itemized accounting of losses, which can include medical and therapy costs, property replacement, lost wages, and other out-of-pocket expenses. A restitution order can also be issued or amended after sentencing if the full extent of losses was not known earlier.9Minnesota Office of the Revisor of Statutes. Minnesota Code 611A.04 – Order of Restitution Restitution is in addition to any fine and does not replace or depend on a civil lawsuit. For defendants on probation, restitution is typically a probation condition, so missed payments can lead to revocation.
Consequences That Outlast the Sentence
A first-degree burglary conviction carries significant collateral consequences, several of which attach the moment the conviction is entered.
Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition. Because first-degree burglary carries a 20-year maximum, every conviction triggers this ban, no matter the actual sentence imposed. Violating the prohibition is a separate federal felony.10Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
For noncitizens, the exposure is greater. First-degree burglary qualifies as an aggravated felony under federal immigration law when the court orders a term of imprisonment of one year or more, and that threshold looks at the sentence ordered rather than the time served, even if the sentence is fully suspended. An aggravated felony permanently bars a person from establishing good moral character, effectively blocking naturalization.11U.S. Citizenship and Immigration Services. Permanent Bars to Good Moral Character Because the sentencing guidelines produce presumptive sentences measured in years, most first-degree burglary convictions will cross that line.
A felony conviction also appears on background checks and can disqualify a person from jobs in healthcare, education, finance, and roles requiring a professional license. Landlords routinely screen for felony records, and a burglary conviction is particularly damaging in housing applications.
Can a First-Degree Burglary Be Expunged?
Minnesota’s expungement statute, Chapter 609A, does not list first-degree burglary among the offenses eligible for automatic expungement. A person may still petition for expungement at least five years after discharge of the sentence, provided they have not been convicted of a new crime during that period.12Minnesota Office of the Revisor of Statutes. Minnesota Code Chapter 609A – Expungement Granting is not automatic. The court weighs rehabilitation, the severity of the offense, and the public interest in keeping the record accessible, and the bar is high for a Severity Level 8 offense.
Defenses to a First-Degree Charge
Several defenses apply, each targeting a different element the state has to prove.
- No criminal intent and no crime committed inside. If the person entered without permission but had no plan to commit a crime and did not commit one, the burglary elements fail.
- Consent to enter. Permission from someone authorized to grant access defeats the unlawful-entry element. Miscommunication between an owner and building staff can create genuine consent disputes.
- Mistaken identity. Burglaries are often discovered after the fact, and identifications based on witness descriptions or surveillance footage can be unreliable.
- Duress. If the defendant was forced or threatened into entering the building, duress may apply where the defendant reasonably believed there was no safe alternative.
- Challenging the aggravating factor. Even when the underlying entry is proven, contesting the specific aggravator can reduce the charge to a lower degree of burglary. Arguing that the building was not a dwelling, that no one was present, or that an object was not a dangerous weapon directly attacks the elevation to first degree.
Because the gap between first-degree and second-degree burglary can mean the difference between probation and years in state prison, the aggravating-factor element is often where defense attention is concentrated.