Deciding on Charges

You are a police officer writing up the paperwork for someone whom you caught in the act of attempting a burglary. He is armed with an unloaded handgun, but seems remorseful and is embarrassed for his family. This is his first offense. You have the option of charging him with attempted burglary as a misdemeanor, attempted burglary as a felony, or aggravated attempted burglary because he possessed a weapon—although he told you that he wasn’t planning to use it, and you believe him because he appears naïve. In your jurisdiction, a felony charge carries a minimum of three years imprisonment.

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a. How will you charge this suspect, and why?

b. How would you charge him if he seemed aggressive and unremorseful? If this

was not his first offense? Why?

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