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Could I really get charged with 1st Degree Burglary?
I went into my friend’s dorm room and took some of their food. They noticed someone had been in their room and called the police. Later they found out it was me and did not want to press charges. The police officer, however, said it was a 1st Degree Burglary and it was up to the County if I would get charged.
Criminal Lawyer Answer
Officially, it is not the “victim’s” decision to press charges or not. That decision (on a felony) is in the discretion of the County Attorney’s office. That being said, the prosecutor does take the position of the “victim” into account when making a charging decision. While this situation meets the elements (necessary facts) for a felony charge of 1st degree burglary, I would be surprised if it was charged, absent a LOT of other factors (like you being on Felony probation etc.)
