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Charlie Rooney

Charlie Rooney

J.D. from University of St. Thomas, Magna Cum Laude

Former prosecutor for County Attorney’s Office

Clerked for the Chief Judge of Hennepin County

Eric Nelson

Eric Nelson

Attorney of the Year (Minnesota Lawyer 2022)

Named one of the TOP 40 UNDER 40 by the National Trial Lawyers' Association

"Rising Star" from 2004-2013

"Super Lawyer" 2014, 2015 2016, 2017, 2018, and 2019

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Debbie Lang

Debbie Lang

Top 100 National Trial Lawyers by the National Trial Lawyers' Association

Co-Editor of the Minnesota DWI Deskbook

Super Lawyer (2020-present)

Super Lawyer Rising Star (2012, 2014-2017)

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Dave Risk

Dave Risk

Super Lawyer (2014-present)

Super Lawyer Rising Star (2002, 2004, 2006, 2008-2011)

J.D. William Mitchell College of Law magna cum laude graduate

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Christina Zauhar

Christina Zauhar

Up & Coming Attorney (Minnesota Lawyer 2017)

Super Lawyer Rising Star (2017-present)

Member of Minnesota Society for Criminal Justice (2021-present)

Member of Minnesota Women Lawyers (2012-present)

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Marsh Halberg

Marsh Halberg

Top Six Criminal Defense Attorneys (Mpls/St. Paul Magazine)

Attorney of the Year (Minnesota Lawyer 2011 & 2017)

Super Lawyer (1997-Present)

Co-Editor of the Minnesota DWI Deskbook

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Lucas Dawson

Lucas Dawson

Super Lawyer Rising Star (2017-present)

Human Services Background Study Eligibility Task Force - Remedies Subcommittee Chair 2022

Human Services Background Study Eligibility Task Force Member 2021 - 2022

Requested speaker at Minnesota CLEs

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Zach Graham

Zach Graham

J.D. St. Thomas School of Law, cum laude

Licensed in Minnesota and Wisconsin

Achieved successful outcomes for clients in district court and on appeal

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HomePractice AreasQ and A - Criminal Law - Burglary

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.)

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