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?
A theft accusation can range from a shoplifting allegation to a serious felony property case. In Minnesota, value often matters, but it is not the only factor. The type of property, prior convictions, and other circumstances can change the level of charge. Andrew looks at what the state says was taken, whether the evidence actually shows intent to deprive the owner of the property, how value was determined, and what video, receipts, messages, or witness accounts may support the defense.
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
What Must Prosecutors Prove in a Minnesota Theft Case?
A theft case is not proven simply because property was missing or someone was accused. For a common property-theft allegation, the state must prove the facts required by the specific theft statute, including that the person intentionally took, used, transferred, concealed, or retained property of another without consent and with the required intent to deprive the owner of it. Andrew examines surveillance video, receipts, witness statements, ownership questions, value, and the circumstances surrounding the alleged taking to determine what the state can actually prove.
Shoplifting Charges: Leaving the Store Is Not the Only Issue
Shoplifting cases often involve surveillance footage, store security reports, receipts, self-checkout records, and statements made at the scene. Minnesota theft law is broader than simply asking whether someone walked out of a store with unpaid merchandise. Depending on the allegation, intentionally taking, using, transferring, concealing, or retaining another person’s property without consent can matter. Andrew looks closely at intent, what actually happened inside the store, and whether the evidence supports the charge being filed.
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
For many ordinary property-theft cases, value is an important part of the sentencing range, but special types of property, prior convictions, and other circumstances can increase the seriousness of the charge. As a general guide under Minnesota law:
- Theft of $500 or Less In many ordinary cases, theft involving property or services valued at $500 or less is punishable as a misdemeanor, with up to 90 days in jail and a fine of up to $1,000.
- More Than $500 but Not More Than $1,000 In many ordinary cases, this value range is punishable as a gross misdemeanor, with up to 364 days in jail and a fine of up to $3,000.
- More Than $1,000 but Not More Than $5,000 This value range can carry a felony sentence of up to 5 years in prison and a fine of up to $10,000.
- More Than $5,000 Theft involving property or services valued above $5,000 can carry a sentence of up to 10 years in prison and a fine of up to $20,000, subject to the specific statute and circumstances.
Dollar value is not the only factor. Theft of certain property, including a firearm or motor vehicle, prior qualifying theft-related convictions, theft from a person, and other statutory circumstances can increase the potential penalty even when the dollar amount is lower.
Why Acting Quickly Matters in Theft Cases
The earlier Andrew can review the evidence, the easier it is to preserve surveillance footage, receipts, messages, employment records, and other details that may matter. He looks at what prosecutors must prove, how the property was valued, whether intent can actually be shown, and whether witness or store-security accounts match the available video and records. Depending on the facts, the strategy may involve challenging the charge, disputing value or intent, negotiating a reduced outcome, or preparing the case for trial.
One Lawyer From the First Call Through Court
Andrew handles his cases personally from start to finish. When you call, you are speaking with the lawyer who will meet with you, review the evidence, develop the defense strategy, and appear with you in court. For someone facing a theft accusation that may affect employment, housing, and reputation, having direct access to the attorney handling the case can make the process clearer and more manageable.
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.
Published: March 18, 2026
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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?
For many ordinary theft cases, property or services valued at more than $1,000 can fall into a felony sentencing range. Theft of more than $1,000 but not more than $5,000 can carry up to 5 years in prison, while theft above $5,000 can carry up to 10 years. Certain types of property, prior convictions, and other statutory circumstances can make lower-value theft more serious, so dollar value is not the only factor.
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.
What does the state have to prove in a Minnesota theft case?
The exact elements depend on the type of theft charged. In a common property-theft case, the state may need to prove an intentional taking, use, transfer, concealment, or retention of another person’s property without consent and with the required intent to deprive the owner of it. Andrew reviews the specific charge, video, receipts, statements, ownership questions, value, and other evidence to determine whether those elements can actually be proven.
Can I be charged with shoplifting if I did not leave the store?
Potentially. Minnesota theft law is broader than simply walking out of a store with unpaid merchandise. Depending on the facts, allegations involving intentionally taking, concealing, using, transferring, or retaining property without consent may be charged as theft. Surveillance footage, receipts, self-checkout records, store-security reports, and intent can all matter.