Deciding on Charges

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.

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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