Minnesota Theft, Burglary & Robbery Defense
From shoplifting to felony burglary, one accusation can damage your record for life. Get an experienced theft defense lawyer on your side.
Were You Accused of Taking Someone Else’s Property?
The value of the property taken in a theft crime often determines how serious the charge will be. In Minnesota, taking property worth $1,000 or more can be charged as a felony, punishable by at least a year in prison. Even when the value is lower, a theft conviction leaves a permanent mark on your record that can affect jobs, housing, and your reputation. At Davis Defense, we understand that good people make mistakes, misunderstandings happen, and not every accusation is true. We work to tell your side of the story and protect your future.
Types of Theft Crimes We Defend
Theft cases come in many forms, from one-time incidents to ongoing allegations. Davis Defense handles cases involving:
- Shoplifting and retail theft
- General theft of money, goods, or personal property
- Writing checks with insufficient funds or “bounced” checks
- Receiving or possessing stolen property
- Motor vehicle theft and related auto theft charges
- Burglary of homes, garages, businesses, and other buildings
- Robbery and simple robbery involving use or threat of force
- Possession of burglary or theft tools
- White collar theft such as embezzlement, fraud, or misuse of company funds
- Public assistance or benefits fraud and other financial crimes
Burglary: Entering a Building to Commit a Crime
Burglary is more than just stealing—it involves entering a building without consent with the intent to commit a crime inside. Minnesota recognizes different degrees of burglary based on factors such as whether the building is a home, whether anyone was present, whether a weapon was involved, and the type of crime intended:
- First-Degree Burglary The most serious level, often involving a dwelling where someone is present, the use or possession of a dangerous weapon, or an assault. Penalties can reach up to 20 years in prison and substantial fines.
- Second-Degree Burglary May involve entering a dwelling, a bank or pharmacy, or using tools to break into locked containers or secured areas.
- Third-Degree Burglary Involves entering a building to commit a felony or gross misdemeanor.
- Fourth-Degree Burglary Usually involves entering a building to commit a misdemeanor other than theft and is typically charged as a gross misdemeanor.
Robbery: Theft Involving Force or Threats
Robbery is different from simple theft because it involves force or the threat of imminent force. Even if little or no property is actually taken, using or threatening force during a theft can lead to a felony robbery charge. Simple robbery, for example, involves intentionally taking property from another person while using or threatening force and carries the possibility of significant prison time and large fines. These cases often turn on witness credibility, surveillance footage, and what actually happened in those critical moments.
Minnesota Theft Penalties and Dollar Amounts
The punishment for a theft crime in Minnesota depends heavily on the value of the property or services involved and the circumstances of the case. As a general guide:
- Theft Up to $500 (Misdemeanor) Theft of property or services valued at $500 or less is usually charged as a misdemeanor, punishable by up to 90 days in jail and a fine of up to $1,000.
- Theft Between $501 and $1,000 (Gross Misdemeanor) Theft involving property or services valued between $501 and $1,000 is commonly charged as a gross misdemeanor, punishable by up to 1 year in jail and a fine of up to $3,000.
- Theft Over $1,000 (Felony) Theft involving property or services valued over $1,000 is generally charged as a felony and may carry a prison sentence of one year or more. As the dollar amount increases, so do the potential penalties.
Certain types of property, such as firearms or trade secrets, prior theft convictions, or other special circumstances can increase the severity of the charge and the potential sentence.
Why Acting Quickly Matters in Theft Cases
The earlier you involve a lawyer, the more options you may have. In some cases, it may be possible to negotiate a resolution that avoids a conviction, reduces a felony to a misdemeanor, or focuses on restitution and rehabilitation rather than jail. In others, the key is to challenge weak or incomplete evidence, unreliable witnesses, or assumptions about value and intent. Andrew analyzes police reports, video, receipts, digital records, and witness statements to build a defense strategy tailored to your situation.
What to Do If You’ve Been Charged With a Theft Crime
If you’ve been accused of theft, burglary, or robbery, what you do next can make a big difference:
- Do not explain your side of the story to police, store security, or alleged victims without a lawyer. Anything you say can be used against you.
- Contact a theft crimes defense lawyer as soon as possible to understand the exact charges, potential penalties, and options.
- Gather documents and information that may help your case receipts, messages, bank records, employment records, or names of witnesses.
- Appear at all court dates and follow any conditions of release, including no-contact orders or curfew, to avoid making the situation worse.
- Work closely with your attorney to decide whether to challenge the charges, negotiate a plea, or take the case to trial, focusing on protecting your record and your future.
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Minnesota Theft Crimes FAQ
What counts as a theft crime in Minnesota?
Theft in Minnesota covers a wide range of conduct: shoplifting, taking someone else’s property without permission, writing bad checks, using someone’s services without paying, embezzling funds from an employer, receiving stolen property, motor vehicle theft, and more. Burglary and robbery are related but involve entering buildings or using force.
When does theft become a felony in Minnesota?
Generally, when the value of the property or money is $1,000 or more, the state can charge felony theft. As the dollar amount goes up, so do the potential penalties. Certain types of property, prior theft convictions, or aggravating circumstances can also elevate the charge.
What is the difference between theft, burglary, and robbery?
Theft usually involves taking property without consent. Burglary typically means entering a building without permission with the intent to commit a crime inside. Robbery involves taking property from a person using force or the threat of force. All are serious, but burglary and robbery charges often carry higher penalties.
Will a theft conviction stay on my record?
Yes. Theft crimes are crimes of dishonesty and can create long-term problems for employment, housing, loans, and professional licenses. Even lower-level shoplifting convictions can make background checks difficult. In some cases, there may be options down the road for expungement, but it is always better to avoid a conviction if possible.
Do I need a lawyer for a misdemeanor shoplifting charge?
Absolutely. Even a misdemeanor theft conviction can follow you for life and may affect jobs and housing. An experienced theft defense lawyer can look for ways to challenge the evidence, negotiate for reduced charges, or pursue outcomes that protect your record and future.