My question involves criminal law for the state of: My son is 24 and mentally ill. He went to a bank to activate his ATM card so he could withdraw cash applied to card to buy food because he was hungry. He was unable to activate the card, got extremely agitated and with poor impulse control kicked the door which broke the glass. He states he started to walk away at that point and then returned to enter the bank thinking that he could find cash. He then looked around and decided to leave without taking anything. He was later seen on video surveillance and was shortly arrested a few blocks away. He has been charged with attempted felony burglary. My question is, is the charge automatically a felony since it is a bank? And since he broke the door without intent, although later removed more glass to enter, does that have an impact on the charges?
Thanks for any information you may have in this matter.