Trespassing & Burglary Laws

Under Minnesota laws, trespassing and burglary are both considered fairly serious property crimes. They both involve intruding onto the property of someone else.

You are probably wondering what you will face when you go before the judge in Minnesota. We have successfully defended many clients in the Minnesota court system. We would like you to be the next.


If you made a mistake, we know that you likely regret the actions that led to your arrest.

You may be wrongfully accused and completely innocent. It could be a mistaken identity, or a situation where you thought you were within your rights to access the property.

Either way, we will fight for you, and work tirelessly to get you the best possible outcome in court. We can help.

Minnesota Trespassing Laws & Penalties

The offense of trespassing is classified in two distinct ways. You can be charged with misdemeanor trespassing or gross misdemeanor trespassing depending on the specifics of your case. The charge you face directly affects the potential sentence you may serve.

Misdemeanor Trespassing

There are many ways to pick up a misdemeanor trespassing charge. If charged with this offense you will face a potential sentence of up to 90 days in jail and fines reaching $1,000. Some of the more common incidents that lead to a misdemeanor trespassing charge include:

  • Permitting domestic animals under your control to go onto the land of another within a city,
  • Interfering with a sign or monument marked to designate property lines,
  • Trespassing on the premises of another and refuse to depart
  • Occupying or entering the dwelling or locked building of another without consent,
  • Entering the property of another to take fruit or vegetables growing there without consent,
  • Entering or being found on cemetery property when a cemetery is closed,
  • Returning to the property of another after being told to leave with the intent to abuse or disturb,
  • Entering a locked or posted construction site without consent, or
  • Entering a mining site without consent.

Gross Misdemeanor Trespassing

Slightly more serious, gross misdemeanor trespassing carries a potential sentence of up to one year in jail and fines up to $3,000. This offense is committed when you trespass and refuse to leave a place providing emergency shelter service for battered women or transitional housing for battered women and their children.

Ref: Minnesota Statute §609.605

Minnesota Burglary Laws & Penalties

Burglary First Degree

First degree burglary is a serious felony offense punishable by up to 20 years in prison and $35,000 in fines. You may be charged with this offense if you enter a dwelling with the intent to commit a crime, commit a crime, and

a)    The building is a dwelling and another person is inside at the time, and

b)    The burglar possesses a dangerous weapon or explosive, or

c)     The burglar assaults a person within the building.

If the building is an occupied dwelling (home) you will serve at least 6 months in prison for the offense.

Burglary Second Degree

Second degree burglary is another serious felony with a potential sentence of up to 10 years in prison and fines reaching $20,000. You may be charged with this offense and found guilty if you enter a building without consent and with intent to commit a crime, commit a crime, and

a)      The building is a dwelling, or

b)      The building contains a bank or similar business, and entry is made with force, or

c)      The building contains a pharmacy or similar business and entry is made with force.

Burglary Third Degree

Third degree burglary is still a felony and only slightly less serious than 1st and 2nd degree. If you face this charge you may serve up to 5 years in prison and pay fines up to $10,000. If you enter a building without consent and intend to commit a felony or gross misdemeanor, and then commit a felony or gross misdemeanor, you could be charged with this crime.

Burglary Fourth Degree

Fourth degree burglary is punishable by up to one year in jail and $3,000 in fines. You may be charged with this offense if you enter a building without consent and with intentions of committing a misdemeanor, and then commit a misdemeanor other than stealing.

Ref: Minnesota Statute §609.582

Arrested for Trespassing or Burglary in MN? Get a Free Legal Defense Consultation Today

You shouldn’t be wondering what to do next about your burglary or trespassing charge without first consulting an experienced defense attorney. We will go over the facts in your case and recommend possible legal defenses. We’ll also give you our honest advice about what you are likely facing if convicted, and what we the chances are to beat this case in court. Call for a consultation on your case today, there’s no obligation for our advice. Find out what we can do to help.