Double Jeopardy

Understanding Minnesota Statute 609.585 and Fighting Burglary-Related Charges in Duluth

The moment you are accused of a crime, the world shifts beneath your feet. One minute, you are living your life, and the next, you are facing the cold, impersonal power of the state. It’s a profoundly disorienting and terrifying experience. The accusation itself feels like a judgment, and the path forward becomes shrouded in fog and fear. In a place like Duluth, where your reputation is built on years of hard work and community ties, the threat of a criminal charge is not just a legal problem; it is a personal crisis that threatens to unravel everything you have built. The weight of that pressure—the sleepless nights, the anxious conversations with family, the dread of what comes next—is immense. You are no longer just a person; you are a defendant, a case number, a name on a police report. This is a lonely and isolating place to be, and it is a battle you cannot afford to fight alone.

When the state brings its resources to bear against you, the fight for your future begins. This is especially true when a burglary accusation is compounded by other charges. Suddenly, you aren’t just fighting one allegation; you are fighting a war on multiple fronts. The prosecutor isn’t just trying to convict you of burglary; they are using every tool at their disposal to secure multiple convictions that could drastically alter the course of your life. They want to paint a picture of you that ignores your history, your family, and your side of the story. In tight-knit communities like Proctor or Two Harbors, the gossip and judgment can feel suffocating. It is in this moment of crisis, when you feel the full weight of the government pressing down on you, that you need an advocate. You need a fighter who sees you as a person in a crisis, not a criminal, and who is prepared to stand between you and the state, challenging every piece of evidence and every legal argument the prosecution presents. An accusation is the beginning of a fight, not the end of your life.

The Stakes: What a Conviction Truly Costs

This section introduces the long-term consequences, framing the fight as essential.

Your Permanent Criminal Record

A conviction for burglary, especially when combined with other offenses as allowed under Minnesota Statute 609.585, creates a permanent criminal record that follows you for the rest of your life. This isn’t just a piece of paper in a courthouse file; it is a digital ghost that haunts every future opportunity. Every time you apply for a job, seek a loan, or try to rent an apartment, “the box” will be there, forcing you to disclose your past. In a community like Cloquet, where people know their neighbors, a criminal record can fundamentally change how you are perceived. A single mistake, a single wrongful accusation, can become a lifelong brand. The reality is that a conviction for multiple offenses—burglary and theft, for example—looks far more severe to a potential employer or landlord than a single charge. It suggests a pattern of behavior, even if it stemmed from a single incident. Fighting to avoid this permanent stain is paramount.

Loss of Second Amendment Rights

For many people in Northern Minnesota, the right to own a firearm is a cherished part of their heritage and a tool for hunting and personal protection. A felony conviction of any kind results in the automatic loss of your Second Amendment rights under both state and federal law. Because any degree of burglary can be charged as a felony, a conviction means you can no longer legally possess a firearm, period. This is not a temporary suspension; it is a permanent prohibition. If you are an avid hunter in the woods near Bemidji or simply a citizen who believes in the right to self-defense, a burglary conviction strips that right away. When the state uses Minn. Stat. § 609.585 to add on other felony charges, the likelihood of a conviction that will result in this loss of rights increases dramatically. This is one of the most significant and often overlooked consequences of a burglary-related conviction.

Barriers to Employment and Housing

Beyond the formal record, a conviction erects practical barriers to the fundamental necessities of life: a good job and a safe place to live. Most employers conduct background checks, and a record showing burglary, particularly alongside another offense like assault or theft, is often a disqualifier. The career you have built can be destroyed overnight. The same is true for housing. Landlords are cautious, and a criminal record suggesting a disregard for property and the safety of others can make finding a home for you and your family nearly impossible. This is the collateral damage of a conviction that prosecutors don’t talk about. They see a case number, but you are left to pick up the pieces, facing a world where doors that were once open are now firmly shut. The fight is not just about staying out of jail; it is about preserving your ability to work, provide for your family, and live a normal life.

Impact on Professional Licenses and Reputation

For licensed professionals—nurses, teachers, real estate agents, contractors, and many others—a conviction can be a career-ending event. Licensing boards have character and fitness requirements, and a conviction for a crime like burglary is often seen as a direct violation of the public trust. You could face immediate suspension or permanent revocation of the license you worked so hard to earn. In a place like Duluth, professional communities are small and interconnected. Your reputation is your most valuable asset. The damage from an accusation alone can be significant, but a conviction can be catastrophic, making it impossible to continue in your chosen field. Defending yourself is not just about the legal case; it is about protecting your professional life and the standing you have built in your community.

The Accusation: Understanding the State’s Case

This section marks the shift to the legal realities.

What Does the State Allege? Burglary Explained in Plain English

When you are charged with burglary in Minnesota, the state isn’t just saying you were somewhere you shouldn’t have been. They are accusing you of entering a building without permission with the specific intent to commit a separate crime inside. This could be anything from theft to assault to property damage. The act of entering is one part of the equation; the intent to commit another crime is the critical second piece. This is what separates burglary from a simple trespass. It’s a serious allegation because the law views it as not just an invasion of property, but a prelude to further criminal action that could endanger anyone inside.

The legal complexity deepens significantly with Minnesota Statute 609.585. This law explicitly allows the prosecutor to charge you with both burglary and the other crime you allegedly intended to commit. For example, if the state claims you entered a garage in a Proctor neighborhood to steal tools, they won’t just charge you with burglary. They will charge you with burglary and theft. This “stacking” of charges is a strategic move by the prosecution. It gives them more leverage, exposes you to harsher penalties, and makes the fight for your freedom significantly more complicated. It means we don’t just have to defend against one set of accusations; we have to build a defense against two.

The Law on the Books: Minnesota Statute 609.585

The purpose of Minnesota Statute 609.585 is to eliminate a specific defense strategy. Ordinarily, the principle of “double jeopardy” can sometimes prevent a person from being punished for two crimes that are part of the same continuous act. However, this statute carves out a powerful exception for burglary. It explicitly states that a conviction for burglary does not prevent the state from also convicting and punishing you for any other crime you commit once inside the building. The legislature’s intent was to ensure that a person who breaks into a property and then commits another offense, such as assault or theft, is held accountable for the entirety of their alleged actions.

The full text of the statute is as follows:

609.585 DOUBLE JEOPARDY.

Notwithstanding section 609.04, a prosecution for or conviction of the crime of burglary is not a bar to conviction of or punishment for any other crime committed on entering or while in the building entered.

The Prosecution’s Burden: Elements of Burglary

For the state to convict you of burglary, the prosecutor carries the entire burden of proof. This is a high bar. They must prove every single one of the following elements beyond a reasonable doubt. If they fail to prove even one of these elements, their case falls apart. This is not a negotiation; it is a constitutional requirement. My job as your defense attorney is to scrutinize the state’s evidence for each element and identify the weaknesses. A prosecutor in St. Louis County cannot secure a conviction based on assumptions or weak evidence. We will force them to meet their burden, and if they cannot, you will not be convicted.

• Entering a Building Without Consent: The state must first prove that you actually entered a building. This can mean your entire body or even just a part of your body crossing the threshold. Furthermore, they must prove the entry was without the consent of the owner or lawful possessor. This may seem straightforward, but it can be a point of contention. Did you have a legitimate reason to believe you had permission to be there? Was consent implied by past behavior? Was the building open to the public? Simply being present is not enough; the lack of consent is a critical element the prosecution must prove definitively.
• With Intent to Commit a Crime: This is often the most critical and difficult element for the prosecution to prove. They must establish what was in your mind at the exact moment you entered the building. You must have had the pre-formed intent to commit a separate crime (like theft, assault, or criminal damage to property) upon entry. If that intent was formed only after you were inside, or if you entered for a non-criminal reason (like seeking shelter or mistakenly believing it was the right place), the charge of burglary cannot stand. This element is a powerful focus for a defense attorney, as it involves challenging the state’s interpretation of your actions and state of mind.

The Potential Outcome: Penalties for a Burglary Conviction

A burglary conviction in Minnesota carries severe penalties that vary based on the specifics of the allegation. The consequences are not just a slap on the wrist; they involve the real possibility of lengthy prison sentences and substantial fines. When the state uses Minn. Stat. § 609.585 to add other charges, you face the terrifying prospect of “consecutive” sentences, meaning the penalties for the other crime could be served after the burglary sentence is complete, dramatically increasing the total time of incarceration. It is my mission to prevent this outcome.

Burglary in the First Degree

This is the most serious level of burglary. It is charged when the burglary occurs in an occupied dwelling, when the defendant possesses a dangerous weapon, or when the defendant assaults someone during the commission of the crime.

• Penalty: Up to 20 years in prison and a fine of up to $35,000.

Burglary in the Second Degree

This is charged when the burglary involves a building that is a dwelling (even if unoccupied), a pharmacy, a government building, a school, or a building containing tools used for theft.

• Penalty: Up to 10 years in prison and a fine of up to $20,000.

Burglary in the Third Degree

This is charged when a person enters a building with intent to steal or commit a felony or gross misdemeanor, or enters a building that has been forced open.

• Penalty: Up to 5 years in prison and a fine of up to $10,000.

Burglary in the Fourth Degree

This is the least severe degree, a gross misdemeanor. It is charged when a person enters a building with intent to commit a misdemeanor, other than theft.

• Penalty: Up to 1 year in jail and a fine of up to $3,000.

The Battle Plan: Building Your Strategic Defense

This section signals the move from passive understanding to active defense.

An Accusation is Not a Conviction: The Fight Starts Now

Let me be perfectly clear: the moment the state charges you is the moment my work begins. An accusation, no matter how serious or how loudly proclaimed by the prosecution, is nothing more than an allegation. It is not proof. It is not a verdict. The police report and the prosecutor’s complaint are just one side of the story—a story that is often filled with assumptions, misinterpretations, and outright errors. The government has its narrative, and my entire purpose is to systematically dismantle it. The fight starts now, and it is a fight we will wage with strategy, precision, and an unwavering focus on achieving the best possible outcome for you. This is not the time for despair; it is the time for action.

A defense is not a passive reaction; it is a proactive counter-offensive. I do not wait to see what the prosecutor does. I begin immediately, investigating every aspect of your case, from the initial police contact to the collection of evidence. Every report must be scrutinized, every witness statement challenged, and every legal procedure verified. In a case involving a burglary charge in a place like St. Louis County, the state is counting on you to be intimidated by the charges and the complexity of the law, especially when they use statutes like 609.585 to add more charges. I will not allow you to be intimidated. I will stand as your shield and your sword, ensuring that your rights are protected at every turn and that your story is heard.

How a Burglary Charge Can Be Challenged in Court

Every case has weaknesses. The key is to find them and exploit them. A skilled defense requires a meticulous examination of the facts and the law to identify every possible avenue of attack. Here are some of the ways we can challenge the state’s case.

Challenging the “Intent” Element

The state must prove you had the specific intent to commit a crime at the time of entry. This is a battle over your state of mind, and prosecutors often rely on circumstantial evidence, which can be weak.

• No Pre-Formed Intent: We can argue that you did not enter the building with any criminal intent. Perhaps you entered to seek shelter from the harsh Duluth weather, because you were intoxicated and confused, or because you mistakenly believed you were in a different place. If the intent wasn’t there upon entry, the burglary charge fails.
• Inconsistent Actions: I will analyze your alleged actions inside the building to show they are inconsistent with a person who had a pre-formed criminal intent. A lack of preparation or tools for a crime, for example, can be powerful evidence in your favor.

Lack of “Entry” or “Consent”

The fundamental building blocks of the state’s case are the illegal entry itself and the lack of consent. These elements can often be contested successfully.

• Implied Consent: In some situations, you may have had a reasonable belief that you were allowed to be on the property. Past relationships with the owner, prior permissions, or the nature of the property itself can create a legitimate argument for implied consent, which would defeat the charge.
• No Actual Entry: The state must prove you “entered” the building. This can be ambiguous. If you merely touched the outside of a door or window, or were arrested on the porch, I will argue that the legal standard for entry has not been met.

Attacking the Underlying Crime

Because of Minnesota Statute 609.585, you are likely facing charges for both burglary and a secondary crime (e.g., theft or assault). This gives us two fronts on which to fight.

• Weak Evidence for Theft: If the state cannot prove the elements of the alleged theft—for instance, if you never actually took anything or if the property belonged to you—then the intent element for the burglary charge also weakens considerably.
• Self-Defense in an Assault: If the secondary charge is assault, we can introduce evidence of self-defense. If your actions were legally justified, not only does the assault charge fail, but the foundational premise for the burglary charge—entering with the intent to commit that assault—collapses with it.

Constitutional and Procedural Violations

The police and prosecution must follow the law. When they fail to do so, it can lead to the suppression of evidence or even the dismissal of charges.

• Illegal Search and Seizure: If the police found evidence against you by searching your person, your car, or your home in violation of your Fourth Amendment rights, I will file a motion to have that evidence thrown out of court. Without key evidence, the state’s case may crumble.
• Miranda Rights Violations: If you were interrogated while in custody without being properly read your Miranda rights, any statements you made may be inadmissible. This can be critical, as prosecutors often rely heavily on a defendant’s own words to try and prove intent.

Defense in Action: Scenarios in Northern Minnesota

The principles of a strong defense are best understood through real-world application. The unique circumstances of your case in your community will shape the strategy.

The Bemidji Misunderstanding

A young man camping near Bemidji gets separated from his friends at night. Disoriented and cold, he sees a light on in what he thinks is his friend’s cabin, opens the unlocked door, and goes inside to get warm. The homeowner, startled, confronts him, a shoving match ensues, and the police are called. He is charged with Burglary in the First Degree (entering a dwelling and committing an assault).

• Defense Strategy: The defense would center on a powerful “lack of intent” argument. I would work to demonstrate that his entry was a genuine mistake born of disorientation, not a premeditated act to commit assault. We would highlight his lack of a criminal record, his reason for being in the area, and the absence of any weapons or burglary tools. By proving he did not enter with the intent to assault anyone, we dismantle the very foundation of the first-degree burglary charge.

The Cloquet Business Dispute

A small business owner in Cloquet goes to a former partner’s workshop after hours to retrieve tools she believes are rightfully hers after their business dissolved. She uses a key she still possesses to enter. The former partner had previously told her to “get your stuff and get out,” but now claims she was not welcome. He calls the police, and she is charged with Burglary in the Third Degree.

• Defense Strategy: The core of the defense here is consent. I would argue she had a reasonable, good-faith belief that she was entitled to enter the property to retrieve her own belongings. The ex-partner’s previous statements could be interpreted as granting consent. We would challenge whether she had the intent to commit “theft” if she genuinely believed the tools were hers. This turns a criminal matter into what is essentially a civil dispute, which is not grounds for a burglary conviction.

The Two Harbors Party

A teenager is at a large house party in Two Harbors. He walks into a bedroom he thought was empty, looking for a quiet place to make a phone call. He is found by the homeowner, who accuses him of trying to steal jewelry from a dresser. He is charged with Burglary in the Second Degree (burglary of a dwelling).

• Defense Strategy: Here, the entire case hinges on proving intent to steal. The prosecution has a high burden to meet. I would focus on the lack of evidence. Did he have any jewelry on him? Was anything actually missing? Were his pockets empty? Without concrete proof that he intended to commit a theft, the state is left with mere suspicion. We would argue that his plausible, non-criminal reason for being in the room—to make a phone call—is far more likely than the prosecution’s speculative accusation.

The Proctor Garage Incident

A man in Proctor enters his neighbor’s open garage to borrow a wrench, something he has done many times before with the neighbor’s implicit permission. This time, however, the neighbor is upset about an unrelated dispute and calls the police. The man is charged with Burglary in the Third Degree.

• Defense Strategy: This is a classic case of implied consent. The history between the neighbors is the key to the defense. I would gather evidence of the past relationship, including witness testimony from other neighbors, to establish a pattern of borrowing tools without issue. This would demonstrate that my client had a long-standing, reasonable belief that he had permission to be there. If there was consent—even if it was unspoken—there was no crime.

The Advocate: Why a Dedicated Duluth Defense Attorney is Essential

This is the final, compelling argument for legal representation.

Countering the Resources of the State

When you are charged with a crime, you are not just up against a single police officer or one prosecutor. You are facing the full resources of the State of Minnesota. The prosecution has access to crime labs, investigators, and a budget funded by taxpayers, all aimed at one goal: securing a conviction. They have the power to subpoena witnesses and the authority of the state behind them. To face this immense power alone is to walk into a fight you are almost certain to lose. Having a dedicated defense attorney is the only way to level the playing field. I use my knowledge, my own investigative resources, and my experience to counter their every move, ensuring their evidence is tested, their theories are challenged, and their power is held in check. I am the force that stands in their way, protecting you from the overwhelming weight of the state’s machinery.

Strategic Command of the St. Louis County Courts

Every courthouse has its own unique ecosystem. The judges, the prosecutors, the clerks—understanding how the St. Louis County court system operates is not something you can learn in a book. It comes from years of experience fighting cases right here in Duluth. I know the legal landscape of Northern Minnesota. I understand the arguments that are persuasive to local judges and the tendencies of the prosecutors who will be handling your case. This inside knowledge is a critical strategic advantage. It allows me to anticipate the prosecution’s moves, craft defenses tailored to the specific courtroom you are in, and negotiate from a position of strength, not weakness. This is your home, and you deserve an advocate who knows how to fight for you on this specific ground.

Fighting for Your Story, Not Just the Police Report

The police report is not the truth; it is a one-sided narrative written to support the charges filed against you. It often contains errors, omissions, and the subjective biases of the arresting officer. The prosecution wants the judge and jury to see you only through the lens of that report. My job is to make them see you. I will take the time to learn your story, to understand the context of the situation, and to build a defense that reflects the truth of who you are, not who the police claim you are. You are more than a case number. You have a life, a family, and a future that is worth fighting for. I will be the one to tell that story, to present your side with clarity and force, and to ensure that your voice is heard loud and clear.

An Unwavering Commitment to a Winning Result

From the moment I take on your case, my focus is singular: achieving the best possible result for you. For me, this is not just a job; it is a calling. I am relentless in my pursuit of justice for my clients. This means turning over every stone, exploring every legal option, and preparing for every contingency. Whether it means negotiating a favorable plea agreement that avoids the worst consequences or taking your case to trial and fighting for a “not guilty” verdict, I am prepared to do what it takes. My commitment is to you and you alone. In the midst of the most difficult crisis of your life, you need an advocate whose resolve does not waver. You need a fighter who is dedicated to winning.

Your Questions Answered

This section provides answers to common questions about burglary and related charges.

What is the difference between Burglary and Trespassing?

Trespassing is simply entering or remaining on a property without permission. Burglary is far more serious. It requires the state to prove that you entered without permission with the specific intent to commit another crime (like theft or assault) once inside.

Can I be charged with Burglary if I didn’t steal anything?

Yes. The crime of burglary is complete the moment you enter a building with the intent to commit a crime. Whether you actually succeed in committing that crime is irrelevant to the burglary charge itself. The prosecutor only needs to convince a jury of what was in your mind at the moment of entry.

What if the door was unlocked or the garage was open?

An unlocked door or open garage can be relevant to your defense, but it does not automatically defeat a burglary charge. The state will still argue you entered without consent to commit a crime. However, I can use these facts to build a stronger argument that you had implied consent or that your entry was a mistake, not a criminal act.

How can a prosecutor prove what I was intending to do?

Prosecutors almost always use circumstantial evidence. They might point to the time of day, whether you were carrying certain tools, whether you were wearing gloves, or any statements you made. My job is to challenge this evidence and present alternative, non-criminal explanations for your actions that create reasonable doubt.

What does “entering” a building actually mean?

Under Minnesota law, even the slightest intrusion into a building by any part of your body can be considered an “entry.” This could mean reaching a hand through an open window or putting a foot across a doorway. The definition is very broad, which is why a strong defense is so critical.

Can I really get separate punishments for Burglary and Theft from the same event?

Yes. This is exactly what Minnesota Statute 609.585 allows. It specifically prevents a burglary conviction from blocking a separate conviction and punishment for another crime committed inside, like theft or assault. This makes the potential penalties much more severe.

Is it possible to get a Burglary charge reduced to a lesser offense?

Yes. A key part of my strategy is negotiation. By exposing the weaknesses in the prosecutor’s case, I can often persuade them to reduce a serious felony burglary charge to a less severe offense like a gross misdemeanor trespass, which carries far less significant long-term consequences.

Will I definitely go to prison if convicted of First-Degree Burglary?

While a conviction for Burglary in the First Degree carries a presumptive prison sentence under Minnesota’s guidelines, it is not always mandatory. An effective defense attorney can argue for a “dispositional departure,” persuading the judge to sentence you to probation instead of prison based on mitigating factors in your case and your personal history.

How important is it to hire an attorney quickly?

It is absolutely critical. The time immediately following an arrest is when crucial evidence can be lost and when people are most likely to make statements that damage their case. The sooner you hire an attorney, the sooner I can begin protecting your rights, preserving evidence, and building your defense.

What if I had permission to be in the building before, but not this time?

This can be a complex situation. The state will argue that any past permission was revoked. However, I can use that history to build a defense based on a reasonable, good-faith mistake about whether you had consent to be there at that specific time, potentially negating the criminal charge.

Can a Burglary conviction be expunged from my record?

Getting a felony conviction expunged in Minnesota is extremely difficult and often impossible. This is why it is so crucial to fight the charge from the outset. Preventing the conviction is vastly more effective than trying to clean up the damage after the fact. Your best chance at a clean record is a strong defense now.

What is considered a “dwelling” in a burglary case?

A “dwelling” is broadly defined as any building where a person lives, including apartments, cabins, or even a motor home. A burglary of a dwelling is treated much more seriously than a burglary of another type of building, like a storage shed or an office.

Does it matter if the dwelling was empty?

For Burglary in the First Degree, it matters if the dwelling is occupied by a person at the time. However, for Burglary in the Second Degree, the building simply has to be a dwelling, and it does not matter if anyone was home. The law provides enhanced protection for homes.

What should I do if the police want to question me?

You should politely but firmly state that you are exercising your right to remain silent and that you wish to speak with an attorney. Do not answer any questions, offer any explanations, or consent to any searches without me present. This is the single most important step you can take to protect yourself.

How can you defend me if there’s a witness who says they saw me?

Eyewitness testimony is notoriously unreliable and can be challenged. I will investigate the circumstances under which the witness claims to have seen you—the lighting, the distance, their state of mind. I will also cross-examine them aggressively in court to expose any inconsistencies or weaknesses in their testimony.