I was recently convicted of 3rd degree felony burglary for an amount in which I paid a restitution under $500. I recently came across an article that said felony was over $1000. I was not represented by a private attorney but a public defender. Now i have questions and would like to know if I can have the conviction overturned to misdemeanor due to not being able to find new job or place to live.
1 Answer from Attorneys
3rd degree Burglary does not concern the amount in question. Below I have listed the statute.
I don't know how long ago your conviction occurred? Was there a trial? Did you have a plea agreement? Have you been sentenced?
Subd. 3.Burglary in the third degree.
Whoever enters a building without consent and with intent to steal or commit any felony or gross misdemeanor while in the building, or enters a building without consent and steals or commits a felony or gross misdemeanor while in the building, either directly or as an accomplice, commits burglary in the third degree and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
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