Property crime defense
They put a number on it. That number isn't the whole story. A seasoned, respected Minneapolis defense attorney, Thomas E. Harmon V, successfully defends clients from theft, burglary, criminal damage to property, and other property offense charges in Minnesota courtrooms.
A property crime charge is more defensible than you may think.
Theft, burglary, arson, criminal damage to property — these charges carry real consequences. But in many property crime cases, the most important number isn’t the charge — it’s the value of the property. A few hundred dollars can be the difference between a misdemeanor and a felony.
A respected property crime attorney, Thomas E. Harmon V has spent over 25 years defending people in Minneapolis, Saint Paul, and Greater Minnesota. He challenges the government’s evidence, the valuation, and in ownership dispute cases — whether a crime was even committed.
25+ years defending property crimes cases in Minnesota courts
In property crime defense, the details decide the outcome. Thomas brings the same precision to a theft case as to a violent crime case — because, under Minnesota law, the stakes are defined by the specifics.
110+
Jury trials taken to verdict
100s
Of hearings won to keep unlawful evidence out of court
Both Sides
Former prosecutor who knows how property crime cases are built
Developing your strongest property crime defense
Property crime cases come down to three things: what happened, whose property it was, and what it was worth.
Thomas challenges all three.
And because the severity of the charge depends directly on the dollar amount, attacking the government’s valuation is often the most important move in the case.
Minnesota law requires the government to prove the value of the property using fair market value — what it would sell for on the open market at the time of the offense, not what it costs to replace or what the owner thinks it’s worth.
These distinctions are regularly litigated and can change the charge level entirely.
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Thomas scrutinizes the prosecution’s valuation evidence, examines whether the correct legal standard was used, and obtains independent appraisals when necessary to dispute the amount.
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In criminal damage to property cases (Minn. Stat. § 609.595), the charge level is based on what it costs to fix the damage.
Thomas examines contractor estimates and insurance assessments for errors that reduce the severity of the charge.
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If you had a legal ownership interest — sole or shared — in the property at issue, the element of damaging or taking “another’s property” may not be satisfied.
Thomas investigates the ownership record and builds this defense when the facts support it.
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Burglary and trespass require unlawful entry. If you had permission — express or implied — to be on the premises, that element fails.
Thomas develops consent defenses from the communications, relationship history, and full factual record.
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Most property crimes require proof that you acted intentionally — not by mistake or with an honest belief you had the right to the property. Mistake of fact or good-faith belief in ownership can negate the required intent and defeat the charge.
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In theft and burglary cases, identifying the right person is frequently contested.
Thomas challenges eyewitness identifications, the quality of surveillance footage, and unreliable identification procedures.
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Property crime investigations often involve searches of homes, cars, storage units, and phones. If police conducted those searches without a valid warrant or legal justification, the evidence can be thrown out.
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When an allegation arises from a business dispute, a divorce, a landlord-tenant conflict, or a co-ownership disagreement, the underlying matter may be a civil dispute — not a criminal act.
Thomas identifies when the prosecution is trying to criminalize what belongs in civil court.
Trusted.
Property crime charges Thomas defends
Minnesota property crimes span from shoplifting and misdemeanor theft to felony burglary, arson, and large-scale financial fraud.
Thomas defends clients at every severity level in state court throughout Minneapolis, Saint Paul, and Greater Minnesota.
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Taking, using, or transferring property without consent. (Minn. Stat. § 609.52)
Graded by value from misdemeanor to 20-year felony.
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Charged under the theft statute.
Repeat offenses and organized retail theft can quickly escalate to a felony.
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(Minn. Stat. § 609.582)
First degree (occupied dwelling): up to 20 years. Second through fourth degree: gross misdemeanor to felony.
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Taking property by force or threat. (Minn. Stat. § 609.24)
Up to 10 years.
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Robbery with a dangerous weapon or causing bodily harm. (Minn. Stat. § 609.245)
Up to 20 years.
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Intentionally damaging or destroying another’s property. (Minn. Stat. § 609.595)
Graded by repair/replacement cost.
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(Minn. Stat. §§ 609.561–609.5632)
First-degree arson of a dwelling: up to 20 years.
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(Minn. Stat. § 609.53)
Graded by value on the same scale as theft.
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(Minn. Stat. § 609.527 / 18 U.S.C. § 1028A)
State charges are graded by financial loss. Federal aggravated identity theft adds a mandatory 2-year consecutive sentence.
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(18 U.S.C. §§ 1341, 1343)
Up to 20 years per count. Frequently charged alongside state theft offenses.
Can you be charged for damaging property you own?
It’s more complicated than you think.
Many people assume you can’t be charged with theft or property damage involving something you own. That’s not always true — and it’s not always false either. The answer depends on the specific ownership situation.
Sole ownership vs. joint ownership
Under Minn. Stat. § 609.595, criminal damage to property requires that the damage be done to “another person’s property.”
If you’re the sole owner, that element isn’t met. But when property is jointly owned — by spouses, partners, or co-owners — each person has a legal stake. Intentionally destroying jointly owned property can be a crime even if you also own it.
Property disputes in domestic situations
Damage allegations frequently arise during separations or disputes over shared living spaces. Items destroyed in a heated moment may be charged as criminal damage to property even when the accused had an ownership interest.
Thomas understands how these cases intersect with domestic law and defends clients against charges that mischaracterize a civil dispute as a criminal act.
What a property crime conviction actually costs you
A property crime conviction carries consequences beyond fines and jail time. A felony record affects employment, housing, professional licenses, and, in some cases, immigration status.
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Sentencing guidelines, based on severity level and criminal history.
Misdemeanor theft: up to 90 days.
Gross misdemeanor: up to 1 year.
Felony theft and burglary: 5 to 20 years under the Minnesota
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Courts must order you to pay back the victim’s losses under Minn. Stat. § 611A.04. This obligation can follow you for years and survives bankruptcy in most cases.
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Permanent. Affects job applications, professional licenses, housing, and federal benefit eligibility.
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A felony conviction triggers a lifetime ban on firearm possession under Minn. Stat. § 624.713 and 18 U.S.C. § 922(g)(1).
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Theft and fraud convictions can be grounds for deportation or inadmissibility for non-citizens.
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A criminal conviction doesn’t end your legal exposure. Property owners can still sue you independently in civil court.
Request a free consultation.
Get an assessment of your case from a criminal defense lawyer with deep experience in both Minnesota and federal courts. Connect with Harmon Law for a consultation and find out where you stand.